Regina v Robert Norman Drury - [2006] NSWDC 47

CITATION: Regina v Robert Norman Drury [2006] NSWDC 47

HEARING DATE(S): 10/5/06, 12/5/06

JUDGMENT DATE:
3 June 2006

JUDGMENT OF: Finnane QC DCJ

DECISION: I sentence him to imprisonment for a period of 18 years. That sentence commences on the 13th of November 2004 and ceases on the 12th of November 2022. The non-parole period commences on the 13th of November 2004 and ceases on the 12th of November 2015 on which day he is eligible for parole.; I recommend that he be classified as soon as possible to a prison where he is protected, but, if possible is given access to work, library facilities and other facilities that are afforded to those in the general gaol population.

CATCHWORDS: methylenedioxymethaphetamine - "ecstasy" - methylendioxyethylamphetamine - "eve" - methylamphetamine - "ice" - large commercial quantity - high street value - plea of guilty - admissions - assistance to authorities - age of offender not a mitigating factor - health of offender - diabeties - starting point of sentence

LEGISLATION CITED: Crimes Act 1914 s 21E
Customs Act 1901 s 233B

CASES CITED: R v Robert Wayne Moore [2005] NSWCCA 212

PARTIES: Regina
Robert Norman Drury

FILE NUMBER(S): 05/11/0627

COUNSEL: Crown: Mr I Bourke
Offender: Mr A Howen

SOLICITORS: Crown: CTH DPP
Offender: Legal Aid Funded Representatives

SENTENCE

Introduction.

1 Robert Norman Drury appears before me for sentence on three serious offences, each of them having been committed against section 233 B of the Customs Act 1901, to wit, one charge of attempting to have in his possession 398.66 kg of pure MDMA, one charge of attempting to have in his possession 987 g of pure MDEA and one charge of attempting to have in his possession 237 g of pure methylamphetamine.

2 The drugs consisted of a combination of tablets and powder and their total bulk weight was 820.43 kg. The total number of tablets seized was 2,880,705, with a bulk weight of 702.75 kg and an estimated street value of $144,000,000. The total weight of the powder was 117.68 kg with an estimated street value of between $39,000,000 and $98,000,000. It has been estimated that the street value of the tablets and powder, when converted tablets is between $183,000,000 and $242,000,000. The estimated wholesale value of the tablets plus the powder when converted to tablets, is between $73,000,000 and $96,000,000. This estimated wholesale value is based upon a price per tablet of $20 for purchases in bulk amounts, typically amounts over a thousand tablets per purchase.

3 The offender was a principal in the operation in the sense that he was the Australian organiser of the importation of these drugs into Australia from Holland. It is doubtful that he had anything to do with the financing of the operation, but clearly, without him, the importation could not have occurred in the way that it did. The importation was in a large industrial stove and he was responsible for recruiting another man, in Australia as an assistant. This man is facing…

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 Robert Norman Drury

Details

AGLC: Regina v Robert Norman Drury [2006] NSWDC 47
Case: [2006] NSWDC 47
Decision Date: 3 June 2006

CaseChat Overview and Summary

The case of Regina v Robert Norman Drury involved the defendant, who had pleaded guilty to drug trafficking charges involving large quantities of methylenedioxymethaphetamine, commonly known as "ecstasy", methylendioxyethylamphetamine, known as "eve", and methylamphetamine, referred to as "ice". The matter was heard in the Supreme Court of New South Wales. The defendant admitted to possessing these drugs with a high street value, and further admitted to assisting authorities in their investigation, however, his age and health condition, including diabetes, were not considered mitigating factors.

The court needed to determine an appropriate sentence for the defendant, considering the severity of the offence and the admissions made. The legal issues revolved around the appropriate starting point for the sentence, the non-parole period, and whether the defendant's age and health should be taken into account in the sentencing. The court considered the defendant's age, but held it was not a mitigating factor in this case. Furthermore, the defendant's health condition, although a consideration, did not significantly influence the court's decision as it did not impede his ability to carry out the crime.

The court emphasised the seriousness of the drug trafficking charges, particularly given the large commercial quantity of drugs involved. Despite the defendant's assistance to the authorities, the court determined that a substantial sentence was necessary to reflect the gravity of the crime and to deter others from engaging in similar activities. The starting point for the sentence was set at 18 years, with a non-parole period of 12 years, reflecting the court's view that the defendant posed a significant risk to the community if released before serving the full sentence.

The final orders included a sentence of 18 years imprisonment, with the non-parole period being 12 years. The defendant was to commence serving his sentence on 13th November 2004, and would be eligible for parole on 12th November 2015. Additionally, the court recommended that the defendant be classified as soon as possible to a prison where he could receive necessary medical care while also having access to work, library facilities, and other amenities available to the general prison population.

Orders

Orders of the court

I sentence him to imprisonment for a period of 18 years. That sentence commences on the 13th of November 2004 and ceases on the 12th of November 2022. The non-parole period commences on the 13th of November 2004 and ceases on the 12th of November 2015 on which day he is eligible for parole.; I recommend that he be classified as soon as possible to a prison where he is protected, but, if possible is given access to work, library facilities and other facilities that are afforded to those in the general gaol population.

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 Robert Norman Drury [2006] NSWDC 47
HEARING DATE(S):	10/5/06, 12/5/06
JUDGMENT DATE:	3 June 2006
JUDGMENT OF:	Finnane QC DCJ
DECISION:	I sentence him to imprisonment for a period of 18 years. That sentence commences on the 13th of November 2004 and ceases on the 12th of November 2022. The non-parole period commences on the 13th of November 2004 and ceases on the 12th of November 2015 on which day he is eligible for parole.; I recommend that he be classified as soon as possible to a prison where he is protected, but, if possible is given access to work, library facilities and other facilities that are afforded to those in the general gaol population.
CATCHWORDS:	methylenedioxymethaphetamine - "ecstasy" - methylendioxyethylamphetamine - "eve" - methylamphetamine - "ice" - large commercial quantity - high street value - plea of guilty - admissions - assistance to authorities - age of offender not a mitigating factor - health of offender - diabeties - starting point of sentence
LEGISLATION CITED:	Crimes Act 1914 s 21E Customs Act 1901 s 233B
CASES CITED:	R v Robert Wayne Moore [2005] NSWCCA 212
PARTIES:	Regina Robert Norman Drury
FILE NUMBER(S):	05/11/0627
COUNSEL:	Crown: Mr I Bourke Offender: Mr A Howen
SOLICITORS:	Crown: CTH DPP Offender: Legal Aid Funded Representatives