R v Andrews

Case [2024] NSWDC 358


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Andrews [2024] NSWDC 358
Hearing dates: 16 August 2024
Date of orders: 16 August 2024
Decision date: 16 August 2024
Jurisdiction:Criminal
Before: Fitzsimmons SC DCJ
Decision:

(1)   The offender is convicted of the offence.

(2)   I impose a sentence of imprisonment of 3 years 9 months to expire on 31 July 2026.

(3)   I impose a non-parole period of 2 years 6 months to expire on 30 April 2025.

(4)   The earliest date the offender is eligible to be released on parole is 30 April 2025.

Catchwords:

CRIME – sentencing - detain person in company with intent to obtain advantage – prior disputed facts hearing - gratuitous cruelty – mental health – expert opinion

Legislation Cited:

Crime (Sentencing Procedure) Act 1999, ss 21A(2)(f), 21A(2)(j), 21A(2)(k), 21A(5)(AA), 21A(5)(AA), 25F(4), 25F(5), 25(4),

Crimes Act 1900, s 86(2)(a)

Cases Cited:

Alkanaan v R [2017] NSWCCA 56

Baden v R [2020] NSWCCA 23

DC v R [2023] NSWCCA 82

DH v R [2022] NSWCCA 200

DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Giles-Adams v R; Preca v R [2023] NSWCCA 122

KM v R [2023] NSWCCA 10

Lang v The Queen [2023] HCA 29

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

Moiler v R [2021] NSWCCA 73

Medlock v R (2011) 244 CLR 120

Pender v R [2023] NSWCCA 291

R v Eaton [2023] NSWCCA 125

R v Sharrouf [2023] NSWCCA 13

R v Smith [2009] NSWCCA 286

Category:Sentence
Parties: Rex
Benjamin Andrews
Representation:

Counsel:
Mr J Moffett (Offender)

Solicitors:
Director of Public Prosecutions (NSW) (Crown)
Joe Weller & Associates (Offender)
File Number(s): 2022/00225590
Publication restriction: Non-publication order prohibiting the publication and/or disclosure of any information that may reveal the identity of the victim.

Judgment - EX TEMPORE

  1. The offender pleaded guilty to the following offence: -

  1. Detain person in company with intent to obtain advantage contrary to s 86(2)(a) of the Crimes Act 1900 carrying a maximum penalty of 20 years imprisonment with no standard non parole period.

  1. On 11 April 2023, the offender was committed to the District Court and his trial was set to commence on 6 May 2024. The offender was arraigned, and pleaded guilty, on 20 March 2024.

  2. The sentence proceeded to a contested facts hearing on 17 and 24 May 2024.

  3. The maximum penalty for the offence is an indication of its seriousness and acts as a sentencing guidepost or reference point.

  4. Admitted on behalf of the Crown were the following: -

  1. Indictment

  2. Committal documents

  3. S 166 certificate

  4. Agreed facts with areas in dispute highlighted

  5. NSW custodial record

  6. NSW criminal history

  7. ACT criminal history

  8. Agreed facts for H74790482

  9. Agreed facts for H91038888

  10. Agreed facts for H74790482 finalised on 16 July 2021

  11. Agreed facts for H92594586 finalised on 5 December 2022

  12. Remarks on sentence of co-offender Adam Thompson sentenced by Judge Whitford SC

  13. Agreed facts for co-offender Adam Thompson

  14. NSW and ACT criminal records of…

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Details
AGLC
R v Andrews [2024] NSWDC 358
Case
[2024] NSWDC 358
Decision Date

CaseChat Overview and Summary

The case of R v Andrews came before the Court where the offender was charged with detaining another person with the intent to obtain an advantage. The offender's guilt was not in dispute; rather, the focus of the hearing was on the sentencing, following a prior disputed facts hearing where issues of gratuitous cruelty and the offender's mental health were explored. Expert opinions were presented regarding the offender's mental state and the extent of the cruelty exhibited.

The court was tasked with determining the appropriate sentence, taking into account the nature of the offence, the offender's mental health, and the degree of cruelty involved. The legal issues included the assessment of the aggravating and mitigating factors, the relevance of the offender's mental health to the sentencing, and the appropriate balance between punishment and rehabilitation. The court had to weigh the seriousness of the offence against the offender's personal circumstances, including their mental health and history.

In delivering the sentence, the court noted the gravity of the offence and the necessity to protect the community. It found that the offender's mental health issues, while relevant, did not mitigate the seriousness of the crime. The court emphasised the gratuitous nature of the cruelty exhibited, which was a significant aggravating factor. After considering all the evidence and arguments presented, the court imposed a sentence of imprisonment for a term of three years and nine months, with a non-parole period of two years and six months. The offender was deemed eligible for parole from 30 April 2025.

Orders

Orders of the court

(1) The offender is convicted of the offence.

(2) I impose a sentence of imprisonment of 3 years 9 months to expire on 31 July 2026.

(3) I impose a non-parole period of 2 years 6 months to expire on 30 April 2025.

(4) The earliest date the offender is eligible to be released on parole is 30 April 2025.

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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