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District Court 25 May 2017

R v Jarrod Betts

[2017] NSWDC 123

DrugsFirearms & weapons
MULTIPLE FIREARMS OFFENCES AGGREGATE SENTENCE

Citation: R v Jarrod Betts [2017] NSWDC 123
Court: District Court of New South Wales
Date: 25 May 2017
Judge: Mahony SC DCJ

Background

The offender pleaded guilty to two sets of offences committed in and around Wagga Wagga and Talbingo in 2015. The first set, chronologically later, comprised six indictable firearms and weapons offences, plus six related summary matters dealt with by certificate. The second set of charges, which pre-dated the first, included drug supply offences and further firearms offences.

Police searched the offender's Ashmont home on 23 November 2015 and found a shortened .22 calibre Remington rifle concealed in a shed. Subsequent inquiries led to a property at Talbingo, where a further three firearms and two home-made silencers were surrendered by an associate who had been storing them on the offender's behalf. The firearms included two pistols, one of which was a .357 Magnum Taurus revolver the offender had purchased from an unlicensed seller for $1,000.

The offender had a prior history of minor firearms-related and property offences, and a significant methamphetamine dependency. He had voluntarily entered a drug and alcohol rehabilitation program between his first arrest and re-arrest on the second set of charges, though his participation was interrupted when bail was refused in July 2016.

  • What aggregate sentence was appropriate across two discrete sets of offences involving multiple firearms, prohibited weapons, and drug supply charges?
  • How should the offender's guilty plea, rehabilitation efforts, personal circumstances, and criminal antecedents be weighed in sentencing?
  • What financial orders were appropriate under the Confiscation of Proceeds of Crime Act 1989?

Decision

Mahony SC DCJ sentenced the offender to an aggregate term under s 53A of the Crimes (Sentencing Procedure) Act 1999, spanning all indictable offences on the indictment and the related summary matters dealt with by certificate. The court treated the two sets of charges together for the purpose of arriving at a single aggregate sentence.

The court's reasons (partially reproduced in the available text) reflected consideration of the objective seriousness of the offences, particularly the possession of multiple unregistered firearms including pistols, the acquisition of a firearm from an unlicensed person, and the possession of home-made silencers. The court also addressed the offender's subjective circumstances, including his disadvantaged educational background, his history of methamphetamine dependency, his positive family relationships, his work history, and his genuine engagement with rehabilitation prior to re-arrest.

The guilty plea was entered in October and November 2016, after committal from Wagga Wagga Local Court in April 2016. The court took into account the utilitarian value of the plea, the time already spent in custody, and the offender's prospects of rehabilitation. Financial orders were made under the Confiscation of Proceeds of Crime Act 1989 to recover proceeds associated with the drug-related conduct.

Orders Made

  • Aggregate sentence imposed under s 53A of the Crimes (Sentencing Procedure) Act 1999 covering all indictable and certified summary offences.
  • Non-parole period of 2 years and 6 months, commencing 21 December 2015 and expiring 20 June 2018.
  • Balance of term of 2 years, commencing 21 June 2018 and expiring 20 June 2020.
  • Penalty order of $2,100 payable to the State under s 24(1) of the Confiscation of Proceeds of Crime Act 1989.
  • Drug proceeds order of $1,600 payable to the State under s 29(1) of the Confiscation of Proceeds of Crime Act 1989.
  • Order for destruction of all firearms and prohibited drugs the subject of the offences.

Key Takeaways

  • The District Court applied the aggregate sentencing mechanism under s 53A of the Crimes (Sentencing Procedure) Act 1999 to resolve what was a complex, multi-charge matter spanning two distinct sets of offences across different time periods.
  • Possessing more than three unregistered and unlicensed firearms, including pistols and a prohibited firearm, carries a maximum penalty of 20 years imprisonment with a 10-year standard non-parole period under s 51D(2) of the Firearms Act 1996, reflecting the legislature's serious treatment of aggregated unlicensed possession.
  • Where an offender acquires a firearm from a seller without making any enquiry as to that person's authority, the offence under s 51A(1) of the Firearms Act 1996 is engaged, regardless of whether the offender was aware the firearm was stolen.
  • Genuine engagement with drug rehabilitation, positive family support, and a strong employment history can operate as mitigating factors in sentencing, even where prior firearms-related convictions exist.
  • Financial orders under the Confiscation of Proceeds of Crime Act 1989, including both penalty orders and drug proceeds orders, were made alongside the custodial sentence, reflecting the court's capacity to address the economic dimensions of drug and firearms offending concurrently with the principal sentence.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), particularly s 53A (aggregate sentences)
- Firearms Act 1996 (NSW), ss 7(1), 51A(1), 51D(2), 51(1A)(a), 36(1), 62(1)(a), 65(1)
- Weapons Prohibition Act 1988 (NSW), s 7(1)
- Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 36(1)
- Criminal Procedure Act 1986 (NSW), s 166 (certificate for summary offences)
- Confiscation of Proceeds of Crime Act 1989 (NSW), ss 24(1), 29(1)

Cases cited: None stated in the judgment.