District Court
New South Wales
Medium Neutral Citation: R v BONEY [2021] NSWDC 596 Hearing dates: 1 October 2021 Date of orders: 5 November 2021 Decision date: 05 November 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see [92]-[100]
Catchwords: CRIME – violent offences - armed robbery – assault with intent to rob while armed - use offensive weapon to avoid apprehension
CRIME – property – take and drive motor vehicle -
destroy property by fire
CRIME – driving offences - police pursuit
SENTENCING –
SENTENCING — relevant factors on sentence — multiple offences – totality – moral culpability - institutionalisation
SENTENCING — Penalties — Imprisonment – aggregate sentence
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Cases Cited: Bugmy v The Queen [2013] HCA 37
Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1
McNaughton v The Queen (2006) 66 NSWLR 566
R v Henry & Ors (1999) 46 NSWLR 346
R v Storey is reported at [1998] 1 VR 359
Category: Sentence Parties: Regina
Jimmaley BONEYRepresentation: Counsel:
Solicitors:
Mr D Stewart for the Offender
Ms L Hanshaw for the Crown
Mr G Schumer for the Offender
File Number(s): 2017/00347939 Publication restriction: No
Judgment
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The offender was convicted by a jury after trial on 9 June 2021 at the Wagga Wagga District Court in respect of eight counts on an indictment. Those counts in the order in which they appear on the indictment are:
Drive Conveyance Taken Without the Consent of the Owner, contrary to s 154A(1)(b) of the Crimes Act, 1900; and
Assault with Intent to Rob while Armed, contrary to s 97(1) of the Crimes Act; and
Armed Robbery, contrary to s 97(1) Crimes Act; and
Take and Drive Conveyance without Consent of Owner, contrary to s 154(1)(a) of the Crimes Act; and
Destroy Property by Fire, contrary to s 195(1)(b) of the Crimes Act; and
Drive in a Manner Dangerous in a Police Pursuit, contrary to s 51B(1) of the Crimes Act; and
Drive in a Manner Dangerous in a Police Pursuit, contrary to s 51B(1) of the Crimes Act; and
Use Offensive Weapon to Avoid Apprehension of Himself, contrary to s 33B(1)(a) of the Crimes Act.
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As the matters were defended and went to trial there can be no discount or consideration for a plea of guilty. That is not to say that the penalty is increased because the offender put the Crown to proof, but rather there simply can be no discount or consideration for a plea of guilty.
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The maximum penalty for counts 1 and 4 is 5 years imprisonment. The maximum penalty…
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- AGLC
- R v Boney [2021] NSWDC 596
- Case
- [2021] NSWDC 596
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentences for each of the multiple offences committed by the defendant. The legal issues included assessing the moral culpability of the defendant, considering the totality of the offences, and evaluating the impact of the defendant's institutionalisation history on sentencing. Additionally, the court had to consider the cumulative effect of the defendant's actions on the victims and society.
The court meticulously examined each offence, taking into account the severity and nature of the crimes. It also weighed the defendant's prior criminal history and the potential for rehabilitation. The court held that the defendant's actions were highly culpable, necessitating a substantial sentence. The court imposed an aggregate sentence, ensuring that the punishment reflected the totality of the crimes committed. The court recognised the need for deterrence and the protection of the community, while also considering the defendant's potential for reform.
The court ordered that the defendant be sentenced to imprisonment, with specific details of the sentence outlined in paragraphs [92] to [100] of the judgment. The aggregate sentence was designed to address all the offences comprehensively, ensuring that the defendant's punishment was just and proportionate to the crimes committed.
Orders
Orders of the court
Sentenced – see [92]-[100]
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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