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R v Brandon Sharpley

R v Brandon Sharpley

Case [2014] NSWDC 253 28 November 2014

Aggravated Break and Enter

Community Service

Good Behaviour Bond

Criminal Law

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District Court

New South Wales

Case Name:	R v Brandon Sharpley
Medium Neutral Citation:	[2014] NSWDC 253
Hearing Date(s):	28 November 2014
Decision Date:	28 November 2014
Jurisdiction:	Criminal
Before:	Yehia SC DCJ
Decision:	The offender is convicted. With respect to the first count of aggravated break enter and steal, pursuant to s 9 Crimes (Sentencing Procedure) Act 1999, the offender is to enter into a good behaviour bond for a period of 2 years to date from 28 November 2014 and subject to the conditions specified at [65]. With respect to the first count of aggravated break enter and steal, pursuant to s 86 of the Crimes (Sentencing Procedure) Act 1999, the offender is ordered to perform community service for 100 hours (including hours at an Attendance Centre).
Catchwords:	CRIMINAL LAW – aggravated break and enter – Aboriginal offender – youth – deprived background – intoxication
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	R v Blackman and Walters [2001] NSWCCA 121 BP v R [2010] NSWCCA 159 Bugmy v The Queen [2013] HCA 37 R v Fernando (1992) 76 A Crim R 58 Hejazi v The Queen [2009] NSWCCA 282 Kennedy v The Queen [2010] NSWCCA 260 KT v R [2008] NSWCCA 51 R v Lattouf (Court of Criminal Appeal (NSW), 12 December 1996, unrep) Locke v R [2010] NSWCCA R v Millwood [2012] NSWCCA 2 R v Ponfield (1999) 48 NSWLR 327 Veen v The Queen (No. 2) (1988) 164 CLR 465 Yardley and Betts (1979) 22 SASR 108
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Brandon Sharpley (Offender)
Representation:	Ms Marayan (Crown) Mr Day (Offender)
File Number(s):	2014/036599
Publication Restriction:	nil

JUDGMENT

HER HONOUR: Brandon Sharpley, the offender, is a 19 year old Aboriginal man from Walgett. He was 18 years old at the time of the offences for which he is to be sentenced. The offences occurred in Walgett, the town in which the offender was born and which he and his family resided. He grew up in Namoi Village which is one of two Aboriginal communities located close to Walgett.
The matters for which he is to be sentenced are two offences of aggravated break enter and steal committed in the early hours of 11 December 2013. The premises broken into was a local shop called “Gourmet Foods”. The property stolen on both occasions was a quantity of soft drink and Powerade.
On 12 September 2014 sitting at Coonamble District Court I sentenced his co-offender and cousin, Brett Sharpley, for the same two offences. With respect to the first offence Brett Sharpley was dealt with by way of a s 9 bond for a period of two years. For the second offence Brett Sharpley was ordered to perform 100 hours of community service work. During those proceedings I received unchallenged evidence with respect to the socio-economic conditions pertaining to the Walgett Aboriginal community.
Whilst on that occasion this offender was not present, Mr Day, his solicitor, appeared on his…

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 Brandon Sharpley

Details

AGLC: R v Brandon Sharpley [2014] NSWDC 253
Case: [2014] NSWDC 253
Decision Date: 28 November 2014

CaseChat Overview and Summary

In the District Court of New South Wales, the case of R v Brandon Sharpley involved an aggravated break and enter. The defendant, an Aboriginal youth with a deprived background, pleaded guilty to the offence, which occurred while he was intoxicated. The court was required to determine the appropriate sentencing for this particular case, taking into account the aggravating and mitigating factors presented.

The central legal issues revolved around the appropriate sentencing for the offence, the impact of the defendant's intoxication, and the need to consider his background and circumstances. The court had to balance the need for punishment and deterrence with the potential for rehabilitation and reintegration into society. The court also had to consider the principles of sentencing as outlined in the Crimes (Sentencing Procedure) Act 1999, including the objective of denunciation, the protection of the community, and the offender's culpability and remorse.

The court considered the defendant's background, including his deprived upbringing, which contributed to his offending behaviour. The court also took into account the defendant's intoxication at the time of the offence, which affected his decision-making and culpability. Despite these mitigating factors, the court found that the offence was serious enough to warrant a punitive response. The court sentenced the defendant to a good behaviour bond for two years, starting from 28 November 2014, and ordered him to perform 100 hours of community service, including time at an Attendance Centre. The court's decision was aimed at balancing the need for punishment and deterrence with the potential for rehabilitation and reintegration into society.

Orders

Orders of the court

The offender is convicted.

With respect to the first count of aggravated break enter and steal, pursuant to s 9 Crimes (Sentencing Procedure) Act 1999, the offender is to enter into a good behaviour bond for a period of 2 years to date from 28 November 2014 and subject to the conditions specified at [65].

With respect to the first count of aggravated break enter and steal, pursuant to s 86 of the Crimes (Sentencing Procedure) Act 1999, the offender is ordered to perform community service for 100 hours (including hours at an Attendance Centre).

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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Citations

AGLC Citation

R v Brandon Sharpley [2014] NSWDC 253

Most Recent Citation

R v NK (No 3) [2015] NSWSC 1257

Cases citing this decision · 1 of 1 shown

R v NK (No 3)
[2015] NSWSC 1257 Para 89

…. R v Bugmy (No 2) [2014] NSWCCA322; Kentwell v R (No 2) [2015] NSWCCA 96. 31. R v Booth [2014] NSWCCA 156, R v Hines (No 3) [2014] NSWSC 1273. 32. [2014] NSWDC 253.…

View all 1 citing cases →

Cases cited in this decision · 11 of 11 shown

Bugmy v The Queen
[2013] HCA 37 Para 3

…In Bugmy v The Queen [2013] HCA 37, the Court sided with approval the observations of Justice Simpson in Kennedy v The Queen [2010] NSWCCA 260: “An Aboriginal offender’s deprived background may mitigate the sentence that would otherwise be appropriate for the offence in the same way that the deprived background…
R v Millwood
[2012] NSWCCA 2 Para 2

…In the decision of R v Millwood [2012] NSWCCA 2 Justice Simpson explained the relevance of evidence of an offender’s background of deprivation. She said at [69]: “I am not prepared to accept that an offender who has had the starting life the respondent had bears equal moral responsibility with one who has had what…
Locke v R
[2010] NSWCCA 296 Para 15

…I have also had regard to the decision of Locke v R [2010] NSWCCA 296 where the Court considered the issue of youth. Considerations of general deterrence, while they may be significant, do not justify disregarding or discounting an offender’s youth and immaturity.…
Kennedy v R
[2010] NSWCCA 260 Para 3

…In Bugmy v The Queen [2013] HCA 37, the Court sided with approval the observations of Justice Simpson in Kennedy v The Queen [2010] NSWCCA 260: “An Aboriginal offender’s deprived background may mitigate the sentence that would otherwise be appropriate for the offence in the same way that the deprived background of a…
BP v R
[2010] NSWCCA 159 Para 14

…The remarks of Justice Hodgson in the decision of BP v R [2010] NSWCCA 159 are apposite: “While I agree the weight to be given to considerations relevant to youth diminish the closer the offender approaches the age of maturity. It does not follow that the age of maturity is 18. In my understanding emotional maturity…
Hejazi v R
[2009] NSWCCA 282 Para 7

…The property stolen amounted to $18 worth of Lift soft drink and four boxes of Powerade valued at approximately $40 each box. In Hejazi v The Queen [2009] NSWCCA 282 the Court held that financial gain is not necessarily an inherent element of an offence of break enter and steal citing as an example offences where th…
KT v R
[2008] NSWCCA 51 Para 13

…The principles relevant to sentencing juvenile offenders were summarised in KT v R [2008] NSWCCA 51. McClellan Chief Justice at Common Law, as he then was, observed at [23]: “The law recognises the potential for the cognitive, emotional and or psychological maturity of a young person to contribute to their breach o…
R v Blackman and Walters
[2001] NSWCCA 121 Para 17

…His rehabilitation is also relevant to the protection of the community. In R v Blackman and Walters [2001] NSWCCA 121 the Court of Criminal Appeal dismissed a Crown appeal against the suspension of sentence for a serious armed robbery. During the course of judgment the Court sided with approval remarks made in a dec…
R v Ponfield
[1999] NSWCCA 435 Para 1

…In assessing the objective seriousness of these offences I have had regard to the guideline judgement in R v Ponfield (1999) 48 NSWLR 327. Although the Court of Criminal Appeal declined to specify a sentencing range in that case it did consider the seriousness of the offence of break enter and steal and identified a n…
Veen v The Queen (No 2)
[1988] HCA 14 Para 17

…matters on his record I am not of the view that he has a significant criminal history, such as to enliven the principles in Veen v The Queen (No. 2) (1988) 164 CLR 465.…
Yardley v Betts
(1979) 22 SASR 108 Para 17

…of sentence for a serious armed robbery. During the course of judgment the Court sided with approval remarks made in a decision of Yardley and Betts (1979) 22 SASR 108. “The protection of the community is also contributed to by the successful rehabilitation of offenders. This aspect of sentencing should never be los…

Legislation cited in this decision · 2

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention
Crimes Act 1900 (ACT)
1 mention