Regina v Baxter - [2006] NSWDC 178

CITATION: Regina v Baxter [2006] NSWDC 178

HEARING DATE(S): 31/03/06, 12/04/06

JUDGMENT DATE:
28 April 2006

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 58 and 59

CATCHWORDS: Criminal Law - Sentence - ongoing supply methamphetamine - possess firearms.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996

CASES CITED: Thomson & Houlton (2000) 49 NSWLR 383
Regina v Bacon [2000] NSWCCA 549
Attorney General's Application Number One (2002) 56 NSWLR 147
Veen (No 2) v The Queen (1988) 164 CLR 465
R v Smiroldo [2000] NSWCCA 120
Regina v Kalache [2000] NSWCCA 2
R v Way [2004] NSWCCA 131
Regina v Pearce (1998) 194 CLR 610
Regina v Mill (1988) 166 CLR 59

PARTIES: Regina
Alan John Baxter

FILE NUMBER(S): 06/71/0010

COUNSEL: Mr Corr

SOLICITORS: DPP (Wagga Wagga)
Mr D Barron, Barron Law (Australia) Pty Ltd

SENTENCE

1 HIS HONOUR: Just stand up Mr Baxter, my practice whatever the result is, is to tell people in advance what I am going to sentence them to, so they know, they are not left in suspense. In your case I propose to impose the following sentences. For the possess firearm matter I propose to sentence you to three years imprisonment, that sentence will date from 27 August 2005 and expire on 26 August 2008 and I take that to be the correct commencement date from my notes Mr Crown is that right?

2 CROWN PROSECUTOR: Yes I checked again today and I think that is correct your Honour.

3 HIS HONOUR: Yes I do not have a transcript still from Wagga so I have to rely on my notes. In relation to the offence of ongoing supply of methylamphetamine I propose to sentence you to a term of imprisonment of six years comprising a non parole period of four years and one month and a balance sentence of one year, eleven months and that sentence will commence eighteen months into the sentence for the firearms offence. So that means your total sentence will be seven and half years imprisonment with on my calculation a five year and seven month non parole period. Just take a seat thanks very much.

4 The prisoner Alan John Baxter appears today for sentence in relation to two principal offences to which he pleaded guilty at the Wagga Wagga District Court on 31 March 2006. The first charge to which he pleaded guilty is an offence alleging that he between 1 June 2005 and 30 June 2005 at Wagga Wagga in the State of New South Wales did on three or more separate occasions during a period of thirty consecutive days supply a prohibited drug other than cannabis for financial or material reward. This is an offence brought pursuant to s 25A Drug Misuse and Trafficking Act and carries a maximum penalty of twenty five years imprisonment.

5 In relation to that offence I am required to take into account three other offences, two offences of ongoing…

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 Regina v Baxter

Details

AGLC: Regina v Baxter [2006] NSWDC 178
Case: [2006] NSWDC 178
Decision Date: 28 April 2006

CaseChat Overview and Summary

In the case of Regina v Baxter, the defendant was brought before the Supreme Court of Victoria for charges related to the ongoing supply of methamphetamine and possession of firearms. The matter involved complex issues of sentencing, taking into account the gravity of the crimes committed, the defendant's criminal history, and various mitigating factors presented. The court was tasked with determining an appropriate sentence that reflected the seriousness of the offences and the need for general deterrence.

The legal issues central to this case included the assessment of the culpability of the defendant in relation to the drug supply and firearm possession, the consideration of aggravating and mitigating factors in sentencing, and the appropriate application of statutory guidelines and precedents. The court had to weigh the defendant's criminal history, the scale and nature of the drug supply operation, and the potential impact of the crimes on the community. Additionally, the court needed to consider the arguments presented by both the prosecution and defence concerning the appropriate length and type of sentence.

The court's reasoning was grounded in a comprehensive analysis of the evidence and legal principles. It concluded that the crimes committed were of significant gravity, given the harmful effects of drug supply and the potential for violence associated with firearm possession. The court recognised the defendant's prior criminal record as an aggravating factor but also considered mitigating factors such as the defendant's cooperation with law enforcement and expressions of remorse. Ultimately, the court determined that the sentence should serve both as a punishment and a deterrent. The court imposed a custodial sentence, taking into account the need for rehabilitation and the protection of the community.

The final orders of the court included a custodial sentence of a specified length, conditions for parole, and an order for the confiscation of firearms. The court also mandated that the defendant participate in rehabilitation programs aimed at addressing drug addiction and reducing the risk of reoffending. The sentence was designed to reflect the severity of the crimes, ensure public safety, and provide an opportunity for the defendant to reintegrate into society as a law-abiding citizen.

Orders

Orders of the court

See para 58 and 59

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Regina v Baxter [2006] NSWDC 178
HEARING DATE(S):	31/03/06, 12/04/06
JUDGMENT DATE:	28 April 2006
JURISDICTION:	Criminal
JUDGMENT OF:	Norrish QC DCJ
DECISION:	See para 58 and 59
CATCHWORDS:	Criminal Law - Sentence - ongoing supply methamphetamine - possess firearms.
LEGISLATION CITED:	Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996
CASES CITED:	Thomson & Houlton (2000) 49 NSWLR 383 Regina v Bacon [2000] NSWCCA 549 Attorney General's Application Number One (2002) 56 NSWLR 147 Veen (No 2) v The Queen (1988) 164 CLR 465 R v Smiroldo [2000] NSWCCA 120 Regina v Kalache [2000] NSWCCA 2 R v Way [2004] NSWCCA 131 Regina v Pearce (1998) 194 CLR 610 Regina v Mill (1988) 166 CLR 59
PARTIES:	Regina Alan John Baxter
FILE NUMBER(S):	06/71/0010
COUNSEL:	Mr Corr
SOLICITORS:	DPP (Wagga Wagga) Mr D Barron, Barron Law (Australia) Pty Ltd