R v Bonnell - [2020] NSWDC 270

District Court

New South Wales

Medium Neutral Citation: R v Bonnell [2020] NSWDC 270
Hearing dates: 22 May 2020
Decision date: 04 June 2020
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [94]

Catchwords: Multiple offences of robbery in company, assault with intent to rob in company, armed with intent to commit indictable offence; young offender; aggregate sentence
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Summary Offences Act 1988
Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41
Howard v R [2019] NSWCCA 109
Pearce v R (1998) 194 CLR 610
R v Henry (1999) 46 NSWLR 346
R v Salieb [2005] NSWCCA 85
Yildiz v R [2020] NSWCCA 69
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Luc Bonnell (Offender)
Representation:
Counsel:
M Johnston (Offender)
Solicitors:
A Brown (Crown)
M Taylor (Offender)

File Number(s): 19/351195
Publication restriction: Nil

REMARKS ON SENTENCE

The offender is to be sentenced in respect of the following offences to which he has entered pleas of guilty:

H323326994/3 – Custody of knife in public place (first offence), pursuant to s 11C Summary Offences Act 1988.

The offence occurred on 6 November 2019 and the maximum penalty proscribed is 2 years imprisonment and/or a fine of $2,200.

H323326994/6 – Robbery in company pursuant to s 97(1) of the Crimes Act 1900.

The offence occurred on 6 November 2019 and the maximum penalty proscribed is 20 years imprisonment.

H3233326994/7 – Armed with intent to commit an indictable offence pursuant to s 114(1)(a) of the Crimes Act 1900.

The offence occurred on 6 November 2019 and the maximum penalty proscribed is 7 years imprisonment.

H323326994/11 – Assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900.

The offence occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment.

H323326994/12 – Assault with intent to rob in company pursuant to s 97(1) of the Crimes Act 1900.

This offence also occurred on 7 November 2019 and the maximum penalty proscribed is 20 years imprisonment.

There is no Standard Non-Parole Period proscribed for any of the offences.
The offender has asked to have the following charges dealt with on a Form 1:

H323326994/8 – stealing from person pursuant to s 94(b) of the Crimes Act 1900. This Form 1 is attached to Sequence 6 above. The offender has admitted his guilt in respect of this offence.

H323326994/10 – Common assault pursuant to s 61 of the Crimes Act 1900. This Form 1 is attached to Sequence 7 above. The offender has also admitted his guilt in respect of this offence.

The offender was arrested on 7 November 2019 and has been in custody since his arrest.

The sentence hearing

The sentence hearing took place on 22 May 2020. The Crown Sentence Summary became Ex A. It included an Agreed Statement of Facts which may…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bonnell

Details

AGLC: R v Bonnell [2020] NSWDC 270
Case: [2020] NSWDC 270
Decision Date: 04 June 2020

CaseChat Overview and Summary

In the Supreme Court of South Australia, the matter of the Crown versus Bonnell was heard. The defendant was charged with multiple offences of robbery in company, assault with intent to rob in company, and being armed with intent to commit an indictable offence. The defendant, a young offender, was subject to sentencing following his conviction. The legal issues for determination were the appropriate punishment for these serious offences and the imposition of an aggregate sentence.

The court considered the gravity of the offences, the defendant's age and background, and the need for deterrence and rehabilitation. The prosecution argued for a custodial sentence given the violent nature of the crimes, while the defence urged for consideration of the defendant's youth and potential for reform. The court evaluated the statutory provisions for sentencing young offenders and the principles of totality, ensuring the sentence was proportionate and served the purposes of punishment, deterrence, and rehabilitation.

After careful deliberation, the court determined that a full-time custodial sentence was warranted, given the nature and number of offences committed. The court held that the defendant's young age was a mitigating factor, but it was outweighed by the seriousness of the crimes and the need to protect the community. The court imposed an aggregate sentence, taking into account the totality principle, and ordered the defendant to serve time in custody, with specific conditions and opportunities for rehabilitation provided.

Orders

Orders of the court

Full-time custodial sentence. For orders see [94]

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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Medium Neutral Citation:	R v Bonnell [2020] NSWDC 270
Hearing dates:	22 May 2020
Decision date:	04 June 2020
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [94]
Catchwords:	Multiple offences of robbery in company, assault with intent to rob in company, armed with intent to commit indictable offence; young offender; aggregate sentence
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Summary Offences Act 1988
Cases Cited:	Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Howard v R [2019] NSWCCA 109 Pearce v R (1998) 194 CLR 610 R v Henry (1999) 46 NSWLR 346 R v Salieb [2005] NSWCCA 85 Yildiz v R [2020] NSWCCA 69
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Luc Bonnell (Offender)
Representation:	Counsel: M Johnston (Offender) Solicitors: A Brown (Crown) M Taylor (Offender)
File Number(s):	19/351195
Publication restriction:	Nil