R v Sowman

The appellant, Grant Ian Sowman, was convicted by the jury in the High Court on seven charges relating to the manufacturing and possession of methamphetamine and unlawful possession of firearms and ammunition. He appealed against his convictions on the ground that the trial Judge should have left the defence of compulsion under s 24 of the Crimes Act 1961 to the jury. The appellant also appealed against the length of his sentence.

The appeal against conviction was dismissed. The trial Judge was correct to conclude that the defence of compulsion was not available to the appellant. The appellant’s evidence was that he made his property available under duress but denied any involvement in manufacturing or possession of methamphetamine or possession of the firearm and ammunition. He was therefore precluded from relying on the defence of compulsion.

The appeal against sentence was dismissed. The trial Judge was in the best position to assess the appellant’s involvement in the offending at his property. The Judge was right to conclude that this was a significant manufacturing operation involving a large amount of precursor substances and equipment capable of being used to manufacture substantial quantities of methamphetamine, with all of that associated with a firearm. The starting point and term imposed by the Judge was well within the Judge’s discretion.