R v Jones [2019] NSWDC 654

District Court New South Wales

Medium Neutral Citation: R v Jones [2019] NSWDC 654 Hearing dates: 26 June 2019 Date of orders: 26 June 2019 Decision date: 26 June 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: 3 year Community Corrections Order Catchwords: CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Qutami [2001] NSWCCA 353 The Queen v Osenkowski (1982) 5 A Crim R 394 The Queen v Ross [2019] NSWDC 115 Category: Sentence Parties: Regina (Crown) Brendon Jones (Offender) Representation: Aiyathurai Kirupaidasan (Crown) Mary Keaney (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) File Number(s): 2018/00184627

EX TEMPORE REVISED Judgement

INTRODUCTION 1. This is a somewhat unique case I find. Brendon Jones is 22, he will turn 23 later this year, and when one considers his antecedents it is clear that he has been a persistent criminal offender from April 2014 when he was first prosecuted in the Children's Court. Apart from the various conditional liberties that were extended to him as a child before he became an adult, he has had the benefit of supervision on past occasions by order of adult courts and yet he has continued to embark upon the criminal misconduct, escalating in seriousness, and of such significance that from the age of 18 he has spent most of his time in gaol. Thus, although a young man I fear that there is a risk of him becoming an institutionalised criminal, more comfortable in gaol than out on the street with the remainder of his life effectively lost to him.