R v Jones [2024] NSWDC 355

R v Jones [2024] NSWDC 355

The offender's drug offence was below the mid-range and towards but not within the lowest range because his role was limited to allowing use of the shed and providing limited assistance, with no proved financial benefit or special skill, but he knew drugs in at least a large commercial quantity were being manufactured and permitted the premises to be used for months. The firearms and assault police offences required additional punishment, but totality, early pleas attracting a 25 percent discount, genuine remorse, low risk of reoffending, good rehabilitation prospects and special circumstances justified an aggregate sentence of 3 years 9 months with a non-parole period of 2 years 2 months.

Jurisdiction
Australia
Judgment Date
27 June 2024
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years 9 months with a non-parole period of 2 years 2 months; special circumstances found.
Legal Topics
['knowingly Taking Part in Manufacture of Large Commercial Quantity of Methylamphetamine' 'possession of Prohibited Firearm' 'failure to Store Firearms Safely' 'assault Police' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences' 'firearms Offences'] ['knowingly Taking Part in Manufacture of Large Commercial Quantity of Methylamphetamine' 'possession of Prohibited Firearm' 'failure to Store Firearms Safely' 'assault Police' 'form 1 Offences' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for knowingly taking part in the manufacture of a large commercial quantity of methylamphetamine and related firearms and assault police offences.' "How the offender's guilty pleas, objective seriousness, Form 1 matters, subjective circumstances, prospects of rehabilitation, totality and special circumstances should affect sentence."]

Ratio Decidendi

The offender's drug offence was below the mid-range and towards but not within the lowest range because his role was limited to allowing use of the shed and providing limited assistance, with no proved financial benefit or special skill, but he knew drugs in at least a large commercial quantity were being manufactured and permitted the premises to be used for months. The firearms and assault police offences required additional punishment, but totality, early pleas attracting a 25 percent discount, genuine remorse, low risk of reoffending, good rehabilitation prospects and special circumstances justified an aggregate sentence of 3 years 9 months with a non-parole period of 2 years 2 months.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years 9 months with a non-parole period of 2 years 2 months; special circumstances found.

Orders

  • ['Aggregate head sentence of 3 years 9 months imposed.' 'Non-parole period of 2 years 2 months specified.' 'Sentence directed to commence from 29 July 2023, taking into account 334 days already in custody.' 'Head sentence to expire on 28 April 2027.' 'Non-parole period to expire on 28 September 2025.' 'Indicative...