CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Drug and Alcohol Treatment Order – trafficking in a controlled drug other than cannabis, namely methylamphetamine – dealing with the proceeds of crime – where history of substance abuse
On 10 September 2021, the offender, Mr David Williams, pleaded guilty to the following charges:
(a)CAN 2020/14192 (Charge 1): trafficking in a controlled drug other than cannabis, contrary to s 603(7) of the Criminal Code 2002 (ACT) (Criminal Code), which carries a maximum penalty of 10 years’ imprisonment, a fine of $160,000, or both; and
(b)CAN 2020/14193 (Charge 2): dealing with proceeds of crime, contrary to s 114C of the Crimes Act 1900 (ACT) (Crimes Act). This offence…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
Continue reading R v Williams
Sign in free to access the full text
Details
AGLC
R v Williams [2022] ACTSC 72
Case
[2022] ACTSC 72
Decision Date
CaseChat Overview and Summary
The case of R v Williams was heard in the Supreme Court of the Australian Capital Territory before McWilliam AJ. The offender, Mr David Williams, pleaded guilty to trafficking in a controlled drug other than cannabis, namely methylamphetamine, and to dealing with the proceeds of crime. The court had to decide on the objective seriousness of the offences, the subjective circumstances of the offender, and the appropriate sentence. The court found that the offender's role in the trafficking operation was significant, and the quantity of drugs and cash in his possession supported this finding. The court also found that the offender's involvement in the drug trade was motivated predominantly by profit, despite his need to supplement his legitimate income to fund his drug dependency. The court accepted that the offender had a history of substance abuse and had never served a full-time custodial sentence. The court imposed a sentence of three years' imprisonment for the trafficking offence, reduced to reflect the offender's guilty plea, and four and a half months' imprisonment for the dealing with proceeds of crime offence, also reduced to reflect the offender's guilty plea. The court also made a Drug and Alcohol Treatment Order for two years, beginning on 8 April 2022 and ending on 7 April 2024. The custodial part of the Order was suspended until 30 April 2025. The offender is required to sign an undertaking to comply with the offender's Good Behaviour obligations from the day after the end of the Drug and Alcohol Treatment Order, namely 8 April 2024 until the end of the total sentence, namely 30 April 2025.