R v Brown

[2020] NSWDC 70

District Court

New South Wales

Medium Neutral Citation:	R v Brown [2020] NSWDC 70
Hearing dates:	27 February 2020, 3 March 2020
Date of orders:	31 March 2020
Decision date:	31 March 2020
Jurisdiction:	Criminal
Before:	Weinstein SC DCJ
Decision:	Full-time custodial order to be served by way of term of imprisonment. For orders see [65]
Catchwords:	SENTENCE – aggravated break and enter and commit – imprisonment – history of abuse and disadvantage – auditory hallucinations – depression and suicidal ideations – childhood trauma – Aboriginal – drug and alcohol addictions – prior criminal history
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 Callaghan v R [2006] NSWCCA 58 DPP v De La Rosa [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Muldrock v The Queen (2011) 244 CLR 120 R v Hayes [1984] 1 NSWLR 740 R v Huynh [2005] NSWCCA 220 R v Jarrold [2010] NSWCCA 69 R v Millwood [2012] NSWCCA 2 R v Mouzomenos [2005] NSWCCA 203
Category:	Sentence
Parties:	Regina (Crown) Sonny Brown (Defendant)
Representation:	Mr Wilcox-Watson (Crown) Ms Socorro (Defence)
File Number(s):	2019/99490
Publication restriction:	N/A

Judgment

1. The offender Sonny Brown, born in 1998, is before the court for sentence for aggravated break and enter and commit serious indictable offence, contrary to section 112(2) of the Crimes Act 1900 for which the maximum penalty is 20 years and the standard non-parole period is 5 years.

2. There is also a Form 1 matter which the offender asks me to take into account when sentencing him, which is a charge of resist officer in execution of duty, contrary to section 58 of the Crimes Act 1900.

Evidence

3. Before me are 8 exhibits. Exhibit 1 is a bundle of documents prepared by the Crown which includes:

1. The Notice of Committal;

2. The Charge Certiticate;

3. The Form 1;

4. The section 166 certificate;

5. The Agreed Facts;

6. The offender’s criminal history; and

7. The offender’s custodial history.

4. Exhibit 2 is a COPS report on bail conditions.

5. Exhibit 3 is a letter from the victim dated 26 February 2020.

6. Exhibit 4 is a bundle of documents prepared by Ms Socorro on behalf of the offender, which includes:

1. A psychologist report of forensic psychologist Megan Godbee dated 14 February 2020;

2. A Justice Health Report by Clinic Nurse Consultant (mental health) Jodie Massey produced on 16 July 2019;

3. South Coast Medical Service Aboriginal Corporation (AMS) Patient Summary from 21 January 2020 to 14 February 2020;

4. AMS client engagement letter from Nathaniel Curtis dated 18 April 2019;

5. A K10 assessment and referral to AMS from general practitioner Dr Samuel Baxter dated 12 July 2017;

6. A Mental Health Act Form 1, and clinical notes from Nowra Acute Mental Health Team dated 11 December 2019; and

7. Clinical notes and discharge summary from the emergency department of Shoalhaven District Memorial Hospital dated 16 January 2019 and 30 March 2019.

7. Exhibit 5 is a formal offer of entry…