R v Brandon Sharpley

Case [2014] NSWDC 253



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

  1. 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.

  2. 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.

  3. 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.

  4. Whilst on that occasion this offender was not present, Mr Day, his solicitor, appeared on his…

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Details
AGLC
R v Brandon Sharpley [2014] NSWDC 253
Case
[2014] NSWDC 253
Decision Date

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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