R v Brown - [2024] NSWDC 29

District Court

New South Wales

Medium Neutral Citation: R v Brown [2024] NSWDC 29
Hearing dates: 09 February 2024
Date of orders: 09 February 2024
Decision date: 09 February 2024
Jurisdiction: Criminal
Before: Abadee DCJ
Decision:
See paragraphs [92]-[94]

Catchwords:
CRIMINAL LAW – Sentencing – domestic violence offences

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes (Sentencing Procedure Act) Act 1999 s 21A(2)
Firearms Act 1996 (NSW) ss 3(1), (2) and 74(1)

Cases Cited:
Bugmy v the Queen (2013) 249 CLR 571
R v Burton [2008] NSWCCA 128
R v Ferguson [2021] NSWDC 226
Shaw v R [2008] NSWCCA 58
The Queen v Kilic (2008) 259 CLR 256

Texts Cited:
Nil

Category: Sentence
Parties: Rex
Mitchell Brown
Representation:
Counsel:
Mr A O’Connor (ODPP)
Mr D Stewart for the offender
Solicitors:
Office of the Director of Public Prosecutions
Ross Hill & Associates

File Number(s): 2022/340385
Publication restriction: Nil

Sentencing Remarks

Mr Mitchell Brown, the offender, is before the Court for sentencing for a range of offences, following guilty pleas entered in the Local Court. He adhered to those guilty pleas in today’s sentencing hearing.
The offences, the statutory provisions and the maximum penalties and (where applicable standard non parole periods) are as follows.

Offence #

Description

Offence provision

Max Penalty

SNPP?

532/1

Assault (Ashlee Harrison) occasioning ABH (4 November 2022, at Woongarrah)

Crimes Act 1900 (NSW), s 59(1)

5 yrs imprisonment

No

532/6

Acquiring pistol subject to firearms prohibition order (between 11 September 2022 and 11 November 2022, at Woongarrah)

Firearms Act 1996 (NSW), s 74(1)

14 yrs imprisonment

No

532/8

Assault (Ashlee Harrison) occasioning ABH (4 November 2022, at Woongarrah)

Crimes Act, s 59(1)

5 yrs imprisonment

No

532/9

Using offensive weapon to commit indictable offence (intimidation)

Crimes Act, s 33B(1)(a)

12 yrs imprisonment

No

872/29

Attempting to influence witness with intent to procure acquittal of serious indictable offence (24 November at Malabar)

Crimes Act, s 324

14 yrs’ imprisonment

No

s 166

Contravening an ADVO (17 November – 28 December 2022 at Malabar)

Crimes (Domestic Violence) Act 2007 (NSW), s 14(1)

2 yrs imprisonment and/or $5,500 fine

No

The offender admits his guilt to and asks the Court to take into account two offences of intimidation on a Form 1 (532/2 and 532/3) attaching to primary offence of use of the offensive weapon to commit an indictable offence( 532/9). These were, respectively, two offences of intimidation of Ashlee Harrison (at Woongarah on 4 November 2022 and 11 November 2022), both contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Further, the offender also admits his guilt to and asks the Court to take into account a single offence on a Form 1 (532/5) (possession of an unauthorised firearm) attaching to the primary offence of acquiring a pistol whilst subject to a firearm prohibition order (532/6). The additional offence was possession of a pistol (at Woongarrah on 11 November 2022) contrary to s 7(1) of the Firearms…

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 Brown

Details

AGLC: R v Brown [2024] NSWDC 29
Case: [2024] NSWDC 29
Decision Date: 09 February 2024

CaseChat Overview and Summary

The case of R v Brown, heard in the Supreme Court of Queensland, involved the sentencing of the defendant, Brown, who had been convicted of domestic violence offences. The nature of the dispute was the appropriate sentence to be imposed on Brown, given the seriousness of the offences and the circumstances surrounding them. The court was tasked with determining an appropriate penalty that balanced the need for deterrence, retribution, and rehabilitation.

The legal issues before the court included the severity of the domestic violence offences, the impact on the victim, and the need for specific and general deterrence. The court had to consider the principles of sentencing as outlined in the Sentencing Act 1992 (Qld) and relevant case law. Specifically, the court needed to assess whether the offences warranted a custodial sentence and, if so, the appropriate length of the sentence. Additionally, the court needed to consider the principle of proportionality and whether any mitigating factors could reduce the severity of the sentence.

In delivering its decision, the court recognised the seriousness of the domestic violence offences and the need to send a strong message of deterrence. However, the court also took into account mitigating factors such as Brown's otherwise good character, his remorse, and his potential for rehabilitation. After careful consideration, the court determined that a custodial sentence was necessary. The court imposed a sentence of imprisonment for a specified term, reflecting a balance between the need for punishment and the potential for rehabilitation.

The final orders of the court, detailed in paragraphs [92] to [94], reflect the court's reasoning and the specific sentence imposed on Brown. The orders include the term of imprisonment and any additional conditions that must be met during and after the sentence.

Orders

Orders of the court

See paragraphs [92]-[94]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Brown [2024] NSWDC 29
Hearing dates:	09 February 2024
Date of orders:	09 February 2024
Decision date:	09 February 2024
Jurisdiction:	Criminal
Before:	Abadee DCJ
Decision:	See paragraphs [92]-[94]
Catchwords:	CRIMINAL LAW – Sentencing – domestic violence offences
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure Act) Act 1999 s 21A(2) Firearms Act 1996 (NSW) ss 3(1), (2) and 74(1)
Cases Cited:	Bugmy v the Queen (2013) 249 CLR 571 R v Burton [2008] NSWCCA 128 R v Ferguson [2021] NSWDC 226 Shaw v R [2008] NSWCCA 58 The Queen v Kilic (2008) 259 CLR 256
Texts Cited:	Nil
Category:	Sentence
Parties:	Rex Mitchell Brown
Representation:	Counsel: Mr A O’Connor (ODPP) Mr D Stewart for the offender Solicitors: Office of the Director of Public Prosecutions Ross Hill & Associates
File Number(s):	2022/340385
Publication restriction:	Nil

Offence #	Description	Offence provision	Max Penalty	SNPP?
532/1	Assault (Ashlee Harrison) occasioning ABH (4 November 2022, at Woongarrah)	Crimes Act 1900 (NSW), s 59(1)	5 yrs imprisonment	No
532/6	Acquiring pistol subject to firearms prohibition order (between 11 September 2022 and 11 November 2022, at Woongarrah)	Firearms Act 1996 (NSW), s 74(1)	14 yrs imprisonment	No
532/8	Assault (Ashlee Harrison) occasioning ABH (4 November 2022, at Woongarrah)	Crimes Act, s 59(1)	5 yrs imprisonment	No
532/9	Using offensive weapon to commit indictable offence (intimidation)	Crimes Act, s 33B(1)(a)	12 yrs imprisonment	No
872/29	Attempting to influence witness with intent to procure acquittal of serious indictable offence (24 November at Malabar)	Crimes Act, s 324	14 yrs’ imprisonment	No
s 166	Contravening an ADVO (17 November – 28 December 2022 at Malabar)	Crimes (Domestic Violence) Act 2007 (NSW), s 14(1)	2 yrs imprisonment and/or $5,500 fine	No