District Court
New South Wales
Medium Neutral Citation: R v Aaron Clark [2013] NSWDC 34 Hearing dates: 15 March 2013; 28 March 2013 Decision date: 28 March 2013 Before: Judge Haesler SC Decision: Aggregate Sentence of 5 years 6 months, NPP of 3 years.
Catchwords: robbery, supply prohibited drug, accessory after the fact to robbery, accessory before the fact to robbery, aggregate sentence Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedures) Act 1999.
Drug Misuse and Trafficking Act 1985
Evidence Act 1995Cases Cited: DPP Cth v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
The Queen v De Simoni (1981) 147 CLR 383
R v Grube [2005] NSWCCA 140
Henry v R (1999) 46 NSWLR 346
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520
Markarian v The Queen (2005) CLR 357;
R v MJR (2002) 54 NSWLR 368; (2002) 130 A Crim R 481
The Queen v Olbrich (1999) 199 CLR 270;
Pearce v The Queen (1998) 194 CLR 610
Power v The Queen (1974) 131 CLR 623
Portolesi [2012] NSWCCA 157.
Postliglione v The Queen (1997) 189 CLR 295
Weininger v The Queen (2003) 212 CLR 629Texts Cited: Attorney-General's Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, 56 NSWLR 146
Research Monograph 30, (2007), Judicial Commission of NSW "Sentencing Robbery Offences since the Henry Guideline".
Does Imprisonment Deter: A Review of the Evidence. D Ritchie, for Sentencing Advisory Council Victoria, April 2011Category: Sentence Parties: Regina (Crown)
Aaron Clark (Accused)Representation: Mr D Williams (Crown)
Mr P Kintominos (for the accused)
File Number(s): 2011/295268
SENTENCE Judgment
Introduction
Aaron Clark was arrested on 13 September 2011. He was only 19. He has been in custody since that date. The number and seriousness of his crimes mean he must spend longer in custody; despite his youth, immaturity and the considerable improvement he has shown since coming into custody.
He was born in Campbelltown. He was educated locally and did well at sport. His parents separated when he was very young. He has lived with both at various times. Both attended court to support him. When he was eleven he saw his brother hit by a car and seriously injured. He took up the use of illicit drugs while young. It seems he preferred the company of peers with little respect for the community and our laws rather than those in his family who hold pro social views.
He had come before the Local Court in June 2010 and had been dealt with leniently. A year later he appeared in court again on driving and drug charges. Again, he failed to take advantage of the cautions he would have been given.
There was discussion in court on 15 March 2013 about whether Mr Clark was a follower or a leader. It is not a particularly useful distinction to draw. What matters is this; between February 2011 and August…
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- AGLC
- R v Aaron Clark [2013] NSWDC 34
- Case
- [2013] NSWDC 34
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation and application of the charges laid against the accused, specifically whether the evidence supported a conviction for each offence and whether the sentence imposed was excessive. The court needed to determine if the cumulative effect of the offences warranted a specific sentence and if the non-parole period was reasonable.
The court found that the evidence was sufficient to support the convictions for all the charges. The accused's involvement in the offences was clear, and the court held that the charges were appropriately laid. In relation to sentencing, the court acknowledged the gravity of the offences, particularly given the accused's role as both an accessory before and after the fact. The court carefully considered the need for deterrence and the protection of the community in imposing an aggregate sentence of five years and six months, with a non-parole period of three years. The court believed that this sentence appropriately reflected the seriousness of the offences and the need for both punishment and rehabilitation.
Orders
Orders of the court
Aggregate Sentence of 5 years 6 months, NPP of 3 years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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