R v Jones [2024] NSWDC 355

District Court New South Wales

Medium Neutral Citation: R v Jones [2024] NSWDC 355 Hearing dates: 27/6/24 Date of orders: 27/6/24 Decision date: 27 June 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 3 years 9 months with a NPP of 2 years 2 months (29/7/23-28/9/25).

I find special circumstances.

Taking into account a 25 percent discount for the pleas, the indicative sentences are:

Seq 1 KTP manufacture large comm qty – 3 years 6 months with NPP 2 years (Form 1 taken into account).

Seq 6 Not store firearms safely – 4 months

Seq 7 Assault police – 3 months

Seq 14 Possess prohibited firearm – 15 months Catchwords: Crime – Sentence – Knowingly take part in manufacture of large commercial quantity of methylamphetamine - Firearms Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Lloyd v R [2022] NSWCCA 18 Porter v R [2019] NSWCCA 117 R v Mahmud [2010] NSWCCA 219 Toole v R [2014] NSWCCA 318 Category: Sentence Parties: NSW DPP – Crown Danny Jones - Offender Representation: Ms Romelingh for Crown Mr Bhutani for Offender File Number(s): 22/326151

remarks on sentence 1. The offender Mr Danny Jones is for sentence in relation to a number of offences, the most serious being sequence 1 which is an offence of knowingly take part in the manufacture of a large commercial quantity of prohibited drug, namely methamphetamine. The maximum penalty for that offence is life imprisonment, and a standard non-parole period of fifteen years is specified. Furthermore, in relation to that offence he asks that I take into account on a Form 1 document, three other offences being two offences of possessing unregistered firearms and a third offence of failing to notify of firearm safekeeping arrangements and I will take those matters into account. 2. In addition there are three other offences that are the subject of section 166 certificate, on which I am asked to also impose sentence. Those being the sequence 6 offence of failing to take reasonable precautions to ensure firearms were safely kept, which has a maximum penalty of twelve months imprisonment, the sequence 7 offence of assaulting a police officer in the execution of his duty, which on indictment has a maximum penalty of five years imprisonment but in the Local Court is subject to two years maximum and the sequence 14 offence which is one of possessing a prohibited firearm which on indictment carries a 14 year maximum penalty and attracts potentially a four year standard non-parole period, however when dealt with in the Local Court is subject to a two year maximum. Of course in dealing with the matters on the 166 certificate I am aware that those matters are subject to the jurisdictional limit of two years by which I am also bound. 3. The maximum penalties and where applicable, which is essentially in relation to the sequence 1 offence, the standard non-parole period are of course important guide posts in the sentencing exercise to which I have had regard. 4. The offender pleaded guilty at the earliest opportunity and therefore will be given a 25% discount by reason of the utilitarian value of that plea of guilty. 5. The facts are agreed and in summary are as follows.