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District Court 6 April 2017

R v Reyne Jude Hunt

[2017] NSWDC 73

DrugsFraud & dishonestyFirearms & weapons
MULTIPLE OFFENCES, SUPPLY FIREARMS SUPPLY PROHIBITED DRUGS DEAL WITH PROCEEDS OF CRIME AGGREGATE SENTENCE.

Citation: R v Reyne Jude Hunt [2017] NSWDC 73
Court: District Court of New South Wales
Date: 6 April 2017
Judge: Mahony SC DCJ

Background

The offender was charged on a 20-count indictment arising from a police undercover operation in Bathurst in 2014. He pleaded guilty to ten counts and was acquitted of the remaining ten following a judge-alone trial. The guilty pleas covered the supply of seven firearms, the supply of prohibited drugs on two occasions, and dealing with proceeds of crime.

The firearms offending took place on 24 July 2014, when the offender sold seven rifles to an undercover police operative for $3,500. Six of those firearms were registered; one was not. The offender was not a licensed firearms dealer, and the transaction did not comply with the regulatory requirements governing lawful firearms transfers.

The drug offending occurred on 28 August 2014 (supply of 28.35 grams of amphetamine) and 29 October 2014 (supply of 42.36 grams of methylamphetamine). The latter date was also when police executed a search warrant at the offender's residence, locating cash totalling $6,440 in various locations, which formed the basis of the proceeds of crime charge.

  • What aggregate sentence was appropriate across ten guilty pleas involving firearms supply, drug supply, and dealing with proceeds of crime?
  • How should the offender's time in pre-sentence custody be reflected in the commencement date and structure of the sentence?
  • Whether the totality principle was satisfied by an aggregate sentence under section 53A of the Crimes (Sentencing Procedure) Act 1999.
  • How the Form 1 matters (additional offences the offender asked to be taken into account) should be factored into the overall sentence.

Decision

Judge Mahony SC DCJ sentenced the offender to an aggregate sentence under section 53A of the Crimes (Sentencing Procedure) Act 1999, covering all ten offences together rather than imposing individual consecutive or concurrent terms. This approach is designed to reflect the totality of the offending while avoiding a crushing sentence that is disproportionate to the overall criminality.

The non-parole period was set at 2 years and 9 months, commencing 6 February 2015, with a balance of term of 2 years and 3 months. The commencement date was backdated to reflect the offender's pre-sentence custody. As at the sentencing hearing in March 2017, the offender had spent approximately 2 years and 1 month in custody solely on these matters (a separate 4-month period for unrelated matters was excluded from the calculation).

The court certified both Form 1 notices, meaning the additional lesser offences (possession of ammunition, possession of methylamphetamine, and possession of two restricted substances) were taken into account in setting the overall sentence without separate convictions being recorded for them. The 15 backup matters subject to a section 166 certificate were withdrawn and dismissed upon conviction.

The court also made ancillary orders for the destruction of the drugs and firearms, and made orders regarding the monetary proceeds. It recommended a referral to Justice Health for assessment of the offender's mental health, noting a psychiatric report from Dr Furst dated 2 March 2017.

Orders Made

  • Aggregate sentence imposed under section 53A of the Crimes (Sentencing Procedure) Act 1999: non-parole period of 2 years and 9 months commencing 6 February 2015, expiring 5 November 2017; balance of term of 2 years and 3 months commencing 6 November 2017, expiring 5 February 2020.
  • Both Form 1 notices certified.
  • 15 outstanding backup matters (sequence numbers H56708571/2-14, 22, and 29) withdrawn and dismissed pursuant to section 166 of the Criminal Procedure Act 1986.
  • Drugs ordered to be destroyed.
  • Firearms ordered to be destroyed.
  • Orders made in relation to monetary proceeds in accordance with Short Minute of Order dated 6 April 2017.
  • Recommendation that the offender be referred to Justice Health for mental health assessment, with Dr Furst's report to be forwarded for that purpose.

Key Takeaways

  • The District Court applied the aggregate sentencing power under section 53A of the Crimes (Sentencing Procedure) Act 1999 to a complex, multi-offence indictment spanning firearms supply, drug supply, and proceeds of crime charges, treating the overall criminality as a whole rather than constructing individual sentences for each count.
  • Pre-sentence custody was carefully calculated and reflected in the commencement date of the sentence, with a distinct 4-month period served for unrelated matters excluded from the relevant custody period.
  • Form 1 matters operate to allow additional offences to be taken into account in the overall sentence without attracting separate convictions, a mechanism the court used here for four lesser offences including drug possession and possession of restricted substances.
  • Under section 166 of the Criminal Procedure Act 1986, backup charges can be withdrawn and dismissed upon conviction of the principal offences, streamlining the sentencing outcome where multiple charges arise from the same events.
  • An undercover police operative was central to the prosecution's case across both the firearms and drug offending, with recorded conversations forming part of the agreed facts underpinning the guilty pleas.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 193B(2) (deal with proceeds of crime)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 53A, 166
- Criminal Procedure Act 1986 (NSW), s 166
- Drugs Misuse and Trafficking Act 1985 (NSW), ss 10(1), 25(1)
- Firearms Act 1996 (NSW), ss 4(1), 36(1), 51(2), 65(3)
- Poisons and Therapeutic Goods Act 1966 (NSW), s 16(1)

Cases:
- Raniga v R [2016] NSWCCA 36