AI-generated summaries. Not legal advice. Always verify against the official judgment on NSW Caselaw.
← All decisions
District Court 20 August 2019

R v Vickers

[2019] NSWDC 735

DrugsFraud & dishonestyTheft & propertyFirearms & weapons
CRIMINAL SENTENCE IDENTITY THEFT SUPPLY PROHIBITED DRUG DEAL WITH PROCEEDS OF CRIME POSSESS SHORTENED FIREARM

Citation: R v Vickers [2019] NSWDC 735
Court: District Court of New South Wales
Date: 20 August 2019
Judge(s): Bright DCJ

Background

The offender, a 42-year-old man, appeared for sentencing on 14 offences arising from four distinct episodes of criminal conduct spanning August 2014 to January 2018. The offending ranged from identity theft and fraud to drug supply, possession of a shortened firearm, and dealing with proceeds of crime.

The identity-related offending centred on a stolen licence in the name of a former schoolmate, whose wallet had gone missing at a party sometime between 2006 and 2008. Using that person's birth certificate and bank card, the offender obtained learner and driver licences in the victim's name and repeatedly used a false licence during police interactions over several years, resulting in infringement notices being issued to the victim rather than himself. The offender had been disqualified from driving since 1999.

The later offending involved a motorcycle accident in December 2017, during which police found methamphetamine, over $6,000 in cash, and an extendable baton in the offender's backpack. In January 2018, a heated dispute at a fast food outlet led to further charges, including possession of a shortened firearm, possession of ammunition, driving whilst disqualified, and property damage.

  • The appropriate sentences across 14 offences arising from four distinct episodes of criminal conduct
  • The quantum of guilty plea discounts (25% for Local Court pleas; 10% for a late plea to the ex officio firearms count at the District Court)
  • The application of the totality principle to ensure the overall sentence was not disproportionate
  • The commencement date of sentences, having regard to time already spent in custody and a prior aggregate sentence imposed in February 2019 at the Local Court
  • Whether any concurrency existed between the current sentences and the earlier Local Court aggregate sentence

Decision

Bright DCJ sentenced the offender for all 14 offences, applying guilty plea discounts of 25% for those matters resolved in the Local Court and 10% for the late plea to the shortened firearm count. Her Honour noted the offender had been in continuous custody since 1 February 2018, with an additional 11 days served prior to that date, and that an 8-month non-parole period had already been served under an aggregate sentence imposed in February 2019.

Her Honour was satisfied that some concurrency existed between that earlier sentence and the present proceedings, given the overlapping time periods of the offending. To address totality, the sentences were backdated to commence on 19 May 2018, which also reflected the 11 additional pre-custody days.

The most serious indictable matters attracted custodial sentences. The perverting the course of justice offence carried a maximum of 14 years, the drug supply and proceeds of crime offences each carried a maximum of 15 years, and the shortened firearm offence carried a maximum of 14 years. The five fraud offences each carried a maximum of 5 years. Sentences for the less serious Section 166 certificate matters included Community Corrections Orders for the prohibited weapon and property damage offences. A confiscation order for $6,062.10 in cash was made by consent under the Confiscation (Proceeds of Crime) Act.

Orders Made

  • Custodial sentences imposed for the principal indictable offences (perverting the course of justice, drug supply, proceeds of crime, shortened firearm, and the five fraud offences), backdated to commence 19 May 2018
  • Community Corrections Orders of 12 months (with standard conditions) for the property damage offence and the prohibited weapon offence
  • Driving disqualification of two years for the October 2017 drive whilst disqualified offence (H127196701, sequence 1)
  • Driving disqualification of 12 months for the January 2018 drive whilst disqualified offence (H66772226, sequence 9)
  • Confiscation order for $6,062.10 cash forfeited to the State, pursuant to s 18(1) of the Confiscation (Proceeds of Crime) Act

Key Takeaways

  • Where an offender has served time under a separate aggregate sentence covering overlapping conduct, a sentencing court may find partial concurrency and adjust the commencement date of new sentences to avoid a disproportionate total sentence.
  • The totality principle operated here to backdate sentences to 19 May 2018, reflecting both pre-sentence custody and the period already served under the earlier Local Court sentence.
  • A guilty plea entered at the time of trial in the District Court attracted only a 10% discount, considerably less than the 25% discount applied to matters resolved by guilty plea in the Local Court at an earlier stage.
  • Identity theft sustained over several years, involving multiple fraudulent licence applications and repeated deception of police, was treated as serious offending warranting custodial sentences, not least because it exposed an innocent third party to debt recovery action.
  • The District Court made a confiscation order by consent for cash found on the offender at the time of arrest, consistent with the proceeds of crime findings.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 192G(b), 193B(2), 195(1)(a), 319
- Crimes (Sentencing Procedure) Act 1999 (NSW)
- Drugs Misuse and Trafficking Act 1985 (NSW), s 25(1)
- Firearms Act 1996 (NSW), ss 62(1)(b), 65(3)
- Weapons Prohibition Act 1998 (NSW), s 7(1)
- Road Transport Act (NSW), s 54(1)(a)
- Confiscation (Proceeds of Crime) Act (NSW), s 18(1)

Cases
- Bugmy v R [2013] HCA 37
- Cahyadi v R [2007] NSWCCA 1
- DPP Commonwealth v De La Rosa (2010) NSWCCA 194
- R v Lachlan [2015] NSWCCA 178