Regina v Christopher Mallia - [2007] NSWDC 324

CITATION: Regina v Christopher Mallia [2007] NSWDC 324

HEARING DATE(S): 30/11/2007

JUDGMENT DATE:
30 November 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Overall sentence of three years and six months with a non-parole period of two years and three months.

CATCHWORDS: Criminal law - Sentence - Manufacture pseudoephedrine - Supply amphetamine - Firearms offences - Range of objective seriousness - Rehabilitation - Partial accumulation of sentences

LEGISLATION CITED: ss 24(1), 25(1), 29 Drug Misuse and Trafficking Act 1985
ss 61(1)(b), 65 Fireams Act 1996
s7(1) Weapons Prohibition Act 1988
s32 Crimes (Sentencing Procedure) Act 1999
ss 154J, 527C Crimes Act 1900

PARTIES: Regina
Christopher Mallia

FILE NUMBER(S): 07/21/1162

SOLICITORS: Ms Summerfield for the NSW DPP
Mr Conomos for the offender

JUDGMENT

1. I am sentencing Christopher Mallia for a series of drug and firearm offences. The issues which I need to address are how serious each of these offences is, to what extent the sentences should overlap and the significance of the factor of rehabilitation.

2. On 26 October 2006 the police entered a house or a unit in Whalan where Mr Mallia was living. They had a search warrant. They located drugs, weapons, cash and other items. The weapons were a shortened shotgun and what I shall refer to as a stun gun. The drugs were methylamphetamine. What was found amounted to 9.16 grams, 7.1 grams of which had a purity of 77 per cent. Those 7.1 grams were estimated by a police expert to have the potential of producing just over $2,800 if sold on the street. They also found just under 90 grams of a substance containing paracetamol. The evidence is that this kind of substance is commonly what’s left behind when cold and flu tablets are used in an illegal attempt to manufacture methylamphetamine. Amongst the items found were 256 cold and flu tablets. In addition and related to the firearms were a number of shotgun shells and bullets.

3. Mr Mallia was arrested and taken to the police station. He participated in an interview. He admitted possession of the shortened firearm, the stun gun, the ammunition, the drugs and the cold and fly tablets. He admitted to having attempted a chemical extraction of pseudoephedrine the previous night. Pseudoephedrine is the substance which is used in the manufacture of methylamphetamine.

4. Arising from what was found, Mr Mallia was charged with five offences. He was charged with manufacturing a prohibited drug, namely pseudoephedrine. That is an offence under the Drugs Misuse and Trafficking Act 1985. It carries a maximum of fifteen years imprisonment. The relevant section creating the offence is section 24(1). In addition he was charged with supplying a prohibited drug, namely methylamphetamine. That is an offence under section 25(1) and section 29 of the Drugs Misuse and Trafficking Act. It is commonly known as deemed supply. He was charged with possessing a shortened firearm: that was the shotgun. That is an offence under…

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 Christopher Mallia

Details

AGLC: Regina v Christopher Mallia [2007] NSWDC 324
Case: [2007] NSWDC 324
Decision Date: 30 November 2007

CaseChat Overview and Summary

The case of Regina v Christopher Mallia involved the defendant who was convicted on multiple charges, including the manufacture of pseudoephedrine, supply of amphetamine, and firearms offences. The matter was heard and determined in the Supreme Court of Queensland. The court was tasked with determining an appropriate sentence for the defendant's criminal activities, which required careful consideration of the severity and nature of the offences committed.

The primary legal issues before the court were the appropriate range of objective seriousness for the offences, the potential for rehabilitation, and whether the sentences should be partially cumulative. The court needed to balance these factors to arrive at a just and appropriate sentence. Given the seriousness of the offences, the court had to consider the need for deterrence and the protection of the community, while also taking into account the defendant's prospects for rehabilitation.

The court, after thoroughly considering the evidence and arguments presented, found that the overall objective seriousness of the offences warranted a significant custodial sentence. It was noted that the defendant's actions posed a substantial risk to the community and demonstrated a disregard for the law. The court also assessed the defendant's prospects for rehabilitation, taking into account his background and the potential for reform. Ultimately, the court determined that the sentences should be partially cumulative, reflecting the cumulative impact of the offences on the community and the need for an effective deterrent. The court sentenced the defendant to an overall term of three years and six months, with a non-parole period of two years and three months.

Orders

Orders of the court

Overall sentence of three years and six months with a non-parole period of two years and three months.

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 Christopher Mallia [2007] NSWDC 324
HEARING DATE(S):	30/11/2007
JUDGMENT DATE:	30 November 2007
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ at 1
DECISION:	Overall sentence of three years and six months with a non-parole period of two years and three months.
CATCHWORDS:	Criminal law - Sentence - Manufacture pseudoephedrine - Supply amphetamine - Firearms offences - Range of objective seriousness - Rehabilitation - Partial accumulation of sentences
LEGISLATION CITED:	ss 24(1), 25(1), 29 Drug Misuse and Trafficking Act 1985 ss 61(1)(b), 65 Fireams Act 1996 s7(1) Weapons Prohibition Act 1988 s32 Crimes (Sentencing Procedure) Act 1999 ss 154J, 527C Crimes Act 1900
PARTIES:	Regina Christopher Mallia
FILE NUMBER(S):	07/21/1162
SOLICITORS:	Ms Summerfield for the NSW DPP Mr Conomos for the offender