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District Court 1 August 2019

R v Charlesworth

[2019] NSWDC 88

DrugsFirearms & weapons

Citation: R v Charlesworth [2019] NSWDC 88
Court: District Court of NSW
Date: 1 August 2019
Judge(s): M L Williams SC DCJ

Background

A 19-year-old offender pleaded guilty to supplying 7.95 grams of dexamphetamine, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985. The supply was described as a "deemed supply" because the drugs did not physically reach their intended recipient, his girlfriend, before police intervened. He was stopped at St Leonards Station in May 2018, where officers found the dexamphetamine and 1.8 grams of cannabis on his person.

At the offender's home, police also found a cigarette lighter shaped like a pistol. This item formed the basis of an unauthorised firearm possession charge under section 7(1) of the Firearms Act 1996, taken into account on a Form 1 (a mechanism that allows related offences to be considered on sentence without separate conviction). The cannabis possession was also dealt with by way of Form 1.

The offender had no adult criminal record. His only prior matter was a Children's Court section 33 bond for using a carriage service in a threatening manner in 2016. He had a documented history of mental health issues, had been engaging in counselling, and had obtained employment.

  • What sentence was appropriate for the principal offence of deemed drug supply, given the offender's age, mental health history, and lack of prior adult convictions?
  • What weight should be given to the Form 1 offences (cannabis possession and possession of an unauthorised firearm) when determining the overall sentence?
  • Whether a Community Corrections Order (CCO) was an appropriate sentencing outcome in the circumstances.

Decision

The Crown did not contest that the offences were of a very low level of objective seriousness, and the sentencing judge accepted that characterisation. The quantity of dexamphetamine involved was modest, the supply did not reach its target, and the firearm was a novelty lighter purchased at a market stall for $15 many years earlier.

His Honour applied the standard 25 per cent discount to the sentence to reflect the early plea of guilty, consistent with the approach under the Crimes (Sentencing Procedure) Act 1999. The Form 1 offences were taken into account in the manner directed by the Chief Justice's guideline judgment in Attorney General's Application No 1 of 2002, which affects the overall sentence without resulting in additional discrete penalties.

The sentencing judge placed significant weight on the offender's subjective circumstances: his youth, absence of adult criminal history, engagement with treatment and counselling, and recent employment. A psychiatric report from Dr Sidorov and a letter from Exodus Youth Work were both before the court. These matters collectively supported the conclusion that a CCO, rather than a term of imprisonment, was the appropriate sentencing response.

Orders Made

  • The offender was convicted of the principal offence.
  • Taking into account the Form 1 offences, the offender was ordered to comply with a Community Corrections Order for a period of one year commencing 1 August 2019, pursuant to section 8(1) of the Crimes (Sentencing Procedure) Act 1999.
  • Standard conditions: not to commit any offence; to appear before the court if called upon to do so.
  • Additional condition: to undertake counselling and psychological treatment.

Key Takeaways

  • The District Court confirmed that low objective seriousness in drug supply offences, combined with strong subjective factors such as youth, no adult record, and engagement with treatment, can support the imposition of a Community Corrections Order rather than imprisonment.
  • A 25 per cent discount on sentence applied where a guilty plea was entered at an early opportunity, consistent with established practice under the Crimes (Sentencing Procedure) Act 1999.
  • Form 1 offences, including possession of an unauthorised firearm and cannabis possession, were taken into account in sentencing without separate conviction, following the approach outlined in Attorney General's Application No 1 of 2002.
  • An object's original purpose or the circumstances of its acquisition can be relevant context when assessing a firearm possession charge, though these factors did not eliminate the offending.
  • Mental health history, documented through forensic psychiatric evidence, was treated as a mitigating subjective consideration alongside the offender's youth and steps taken toward rehabilitation.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 8(1)
- Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 25(1)
- Firearms Act 1996 (NSW), s 7(1)

Cases:
- Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 (guideline judgment on Form 1 offences)