R v Barrett; R v DM

Case [2023] NSWDC 114


District Court


New South Wales

Medium Neutral Citation: R v Barrett; R v DM [2023] NSWDC 114
Hearing dates: 6 April 2023
Decision date: 14 April 2023
Jurisdiction:Criminal
Before: Coleman SC DCJ
Decision:

In regard to the offender Noel Barrett:

(1) The offender is sentenced to an aggregate term of imprisonment of 10 years, with a non-parole period of 6 years and 6 months, commencing on 21 December 2022.

(2) The first date the offender will be eligible for release to parole is 20 June 2029.

(3) The sentence expires on 20 December 2032.

(4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount):

(i) 3 years for the offence of attempted specially aggravated detain in company.

(ii) 9 years for the offence of specially aggravated detain in company.

In regard to the offender DM:

(1) The offender is sentenced to an aggregate term of imprisonment of 13 years, with a non-parole period of 8 years and 6 months, commencing on 7 November 2037.

(2) The first date the offender will be eligible for release to parole is 6 May 2046.

(3) The sentence expires on 6 November 2050.

(4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount):

(i) 3 years for the offence of attempted specially aggravated detain in company.

(ii) 12 years for the offence of specially aggravated detain in company.

Catchwords:

SENTENCING – Relevant factors on sentence – Co-offenders – Joint sentence proceedings - Specially aggravated detain in company with intent to obtain advantage – Objective seriousness – Aggravating factors - Gratuitous cruelty – Substantial harm, injury, loss or damage - Conditions of custody – Moral culpability - Deprived upbringing – Mental illness – Special circumstances

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518

Bugmy v The Queen (2013) 249 CLR 571

DG v R [2017] NSWCCA 139

DPP v De La Rosa [2010] NSWCCA 194

DS v R; DM v R [2022] NSWCCA 156

Hraichie v R [2022] NSWCCA 155

Ibbotson (A Pseudonym) v R [2020] NSWCCA 92

Johnson v The Queen [2004] HCA 15

McCullough v R [2009] NSWCCA 94

Muldrock v The Queen (2011) 244 CLR 120

R v MAK [2006] NSWCCA 381

R v Newell [2004] NSWCCA 183

R v Speechley [2012] NSWCCA 130

RH McL v The Queen (2000) 203 CLR 452

Veen v R (No 2) (1988) 164 CLR 465

Category:Sentence
Parties: Director of Public Prosecutions (Crown)
Noel Barrett (Offender)
DM (Offender)
Representation:

Counsel:
Mr J Stanhope (Crown)
Mr P Johnson (Noel Barrett)
Ms C Akthar…

Continue reading R v Barrett; R v DM

Sign in free to access the full text

Details
AGLC
R v Barrett; R v DM [2023] NSWDC 114
Case
[2023] NSWDC 114
Decision Date

CaseChat Overview and Summary

Noel Barrett and DM were before the court to be sentenced for their involvement in an offence of specially aggravated detain in company with intent to obtain an advantage. The case was heard in the Supreme Court of New South Wales. The court was required to determine the appropriate sentence for each offender, considering various legal factors and circumstances surrounding the offence.

The court examined several factors to decide the appropriate sentence, including the objective seriousness of the offence, aggravating factors such as gratuitous cruelty, the harm caused, and the conditions of custody. Additionally, the court considered the moral culpability of each offender, including their deprived upbringing and mental health issues. The court also evaluated the special circumstances of each case, including the offenders' roles and contributions to the crime.

After considering these factors, the court sentenced Noel Barrett to an aggregate term of imprisonment of 10 years, with a non-parole period of 6 years and 6 months. DM was sentenced to an aggregate term of imprisonment of 13 years, with a non-parole period of 8 years and 6 months. The court indicated that the sentences for each offence would have been 3 years for the attempted specially aggravated detain in company and 9 years for the specially aggravated detain in company for Barrett, and 3 years and 12 years respectively for DM.

The court provided specific details about the commencement and expiry dates of each sentence and the first date of parole eligibility for each offender. These details were given in accordance with section 53A(2) of the Crimes (Sentencing Procedure) Act 1999, which requires the court to indicate the sentences that would have been imposed for each offence following the application of the 25% discount.

Orders

Orders of the court

In regard to the offender Noel Barrett:

(1) The offender is sentenced to an aggregate term of imprisonment of 10 years, with a non-parole period of 6 years and 6 months, commencing on 21 December 2022.

(2) The first date the offender will be eligible for release to parole is 20 June 2029.

(3) The sentence expires on 20 December 2032.

(4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount):

(i) 3 years for the offence of attempted specially aggravated detain in company.

(ii) 9 years for the offence of specially aggravated detain in company.

In regard to the offender DM:

(1) The offender is sentenced to an aggregate term of imprisonment of 13 years, with a non-parole period of 8 years and 6 months, commencing on 7 November 2037.

(2) The first date the offender will be eligible for release to parole is 6 May 2046.

(3) The sentence expires on 6 November 2050.

(4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount):

(i) 3 years for the offence of attempted specially aggravated detain in company.

(ii) 12 years for the offence of specially aggravated detain in company.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.