Citation: R v Smith; R v Campbell [2018] NSWDC 293
Court: District Court of New South Wales
Date: 8 June 2018
Judge: Bright DCJ
Background
Police established Strike Force Raptor's Operation Hobbit to investigate two men suspected of manufacturing methylamphetamine in New South Wales. The investigation led to charges against Sean Anthony Smith and Simon Vincent Campbell arising from their involvement in a clandestine drug manufacturing operation.
Smith faced an extensive charge sheet covering the manufacture of a commercial quantity of methylamphetamine (641 grams), possession of multiple precursor chemicals in large quantities, commercial supply of methylamphetamine (993 grams), and possession of a substantial illegal firearms cache. The firearms included semi-automatic rifles, pump-action shotguns, sawn-off shotguns, and homemade pen guns, many of which Smith held in breach of a prohibition order. He also faced two driving-while-licence-cancelled matters on a certificate.
Campbell faced charges of manufacturing the same commercial quantity of methylamphetamine jointly with Smith, possessing precursors including 18.5 kilograms of hypophosphorous acid and 20 kilograms of iodine, and supplying methylamphetamine. Both offenders had pleaded guilty, with Smith entering his plea at Newcastle Local Court on 8 February 2017, attracting a 25 per cent sentence discount.
Legal Issues
- Appropriate sentences for manufacturing a commercial quantity of methylamphetamine under s 24(2) of the Drug Misuse and Trafficking Act 1985, where a standard non-parole period of ten years applies
- Sentencing for large-scale precursor possession under s 24A(1)(a) of the same Act
- Sentencing for commercial supply of methylamphetamine under s 25(2), also carrying a ten-year standard non-parole period
- Sentencing for possession of more than three unregistered firearms in aggravated circumstances under s 51D(2) of the Firearms Act 1996, which carries a maximum of 20 years and a ten-year standard non-parole period
- Application of guilty plea discounts and the treatment of numerous related matters on Form 1
- Whether the District Court had jurisdiction to call up a Local Court good behaviour bond
Decision
Bright DCJ sentenced both offenders, taking into account the gravity of commercial-quantity drug manufacturing and the large volumes of precursor chemicals involved. The manufacture charge related to 641 grams of methylamphetamine, and Smith's additional supply charge involved a further 993 grams at a commercial quantity. The Form 1 matters across both offenders were substantial, covering further drug supplies, precursor possession, drug premises, apparatus, and manufacturing instructions.
Smith's firearms offending was treated as serious in its own right. He possessed a prohibited firearm and held the collection in breach of a prohibition order, with the aggravated possession charge under s 51D(2) attracting a standard non-parole period of ten years. The court dealt with the related acquisition and unsafe storage offences on Form 1.
For Smith's driving offences on the section 166 certificate, the court imposed the mandatory minimum disqualification of 12 months per offence. The court also considered a potential call-up of an existing Local Court good behaviour bond but could not locate a call-up direction on the file. Her Honour concluded she lacked the power to call up a Local Court bond without such a direction, and that matter was left for the Parramatta Local Court to deal with if pursued.
Several backup supply charges against Smith and one against Campbell were withdrawn and dismissed by consent following the entry of pleas to other offences.
Orders Made
- A good behaviour bond of 12 months imposed (conditions: appear before the court if called upon; be of good behaviour)
- Automatic disqualification of 12 months imposed for each offence of driving whilst licence cancelled
- Backup charges against Smith (H6036738 sequences 14 and 15) marked withdrawn and dismissed
- Backup charge against Campbell (H57843356 sequence 13) marked withdrawn and dismissed
- Local Court bond call-up not proceeded with; matter left to Parramatta Local Court if to be pursued
Note: The full custodial sentences imposed on both offenders are not reproduced in the portions of the judgment provided.
Key Takeaways
- The District Court confirmed it lacked jurisdiction to call up a Local Court good behaviour bond in the absence of a formal call-up direction from the Local Court, leaving any such enforcement to the originating court.
- A guilty plea entered at an early stage attracted a 25 per cent discount on sentence, consistent with established New South Wales sentencing principles under the Crimes (Sentencing Procedure) Act 1999.
- Manufacturing a commercial quantity of methylamphetamine under s 24(2) of the Drug Misuse and Trafficking Act 1985 carries a maximum of 20 years and a standard non-parole period of ten years, reflecting the legislature's assessment of the seriousness of large-scale drug production.
- Possession of more than three unregistered firearms in aggravated circumstances under s 51D(2) of the Firearms Act 1996 is treated as a discrete and serious offence category, with its own ten-year standard non-parole period, independent of associated drug offending.
- Where an offender faces multiple related charges, NSW sentencing practice involves taking lesser matters into account on a Form 1, which does not result in separate penalties but does inform the overall assessment of an offender's criminality.
Legislation and Cases Referenced
Legislation
- Drug Misuse and Trafficking Act 1985 (NSW), ss 24(2), 24A(1)(a), 25(1), 25(2)
- Firearms Act 1996 (NSW), ss 51D(2), 74(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW)
- Crimes Act 1900 (NSW)
- Road Transport Act 2013 (NSW), s 54(4)(a)
Cases
- Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of 2002 [2002] 56 NSWLR 146
- Melikian v R [2008] NSWCCA 156
- R v MacDonnell (2002) 12 ACrimR 44
- Taylor v R [2018] NSWCCA 50