R v Barrett; R v Duncan

[2020] NSWDC 558

District Court

New South Wales

Medium Neutral Citation:

R v Barrett; R v Duncan [2020] NSWDC 558

Hearing dates:

18 September 2020

Date of orders:

18 September 2020

Decision date:

18 September 2020

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

Both offenders sentenced to 3 years and 6 months imprisonment with a non-parole period of 2 years.

Catchwords:

Criminal law- sentencing – especially aggravated detain for advantage - co-offenders – Bugmy Principles- finding of special circumstances - form 1 offences

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen 249 CLR 571

R v Newell [2004] NSWCCA 103

Category:

Sentence

Parties:

Regina
Noel Barret (Offender)
Matthew Duncan (Offender)

Representation:

Counsel:
Barrett: Mr Johnson

Solicitors:
DPP: Mr Thomas

Duncan: Mr Cooper (ALS Solicitor advocate)
Ms Winn

Barrett: Mr Lamond

File Number(s):

2020/00019180, 2020/00019182

Judgment - EX TEMPORE

INTRODUCTION

1. Matthew Duncan and Noel Barrett are co-offenders. The genesis of the offending relates to past relationships, drugs and vigilantism. The victim Dylan Perinoni had an intimate relationship with two different women, Jess Hammond and Frankie. Matthew Duncan had previously been in a relationship with Jess Hammond with whom he had a child. Noel Barrett had previously been in a relationship with Frankie with whom he had a child. The victim subsequently had a relationship with Frankie and had a child with her while Noel Barrett was serving a prison sentence between November 2017 to August 2019.

2. Mr Barrett had been staying at Hammond’s residence. The victim made contact with Hammond asking her to supply him with drugs and was annoyed with him for asking. The victim was staying at “The Palms”. It was not an oasis but rather a 13 room boarding complex at 320 David Street, South Albury.

3. On Sunday 19 January 2020 at about 5am the victim was asleep on a couch inside unit 11. He awoke to the sound of loud voices outside the unit. He heard his name called out. Both doors to the unit were open. He saw Mr Barrett and Mr Duncan standing inside the unit armed with weapons.

4. Mr Barrett had a tomahawk and Mr Duncan had a .22 calibre firearm. They all knew each other. Duncan pointed the firearm at the victim’s knees and said,

“You are going on the ground”.

5. Barrett said,

“You’re coming with us”.

6. The victim was led from the unit to a motor vehicle. He sat in the rear passenger seat of the vehicle. Duncan sat in the front passenger seat and Barrett sat in the driver’s seat. The victim pleaded not to be harmed. Duncan punched him to the face causing his mouth to bleed. The offenders accused him of stealing money and demanding drugs from a friend of theirs and the mother of one of his children. Barrett said,

“Make sure the safety is on”,

referring to the .22 calibre firearm.

7. The car was driven to Mungabareena Reserve. The vehicle slowed. The victim grabbed the barrel of the firearm and began wrestling with…