R v Brown, Haines & Ingray - [2022] NSWDC 130

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Brown, Haines & Ingray [2022] NSWDC 130
Hearing dates: 15 October 2021, 17 December 2021
Date of orders: 27 January 2022
Decision date: 27 January 2022
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Brown:
Indicative sentences: see attached schedule
Aggregate sentence:
Convicted. Sentenced to an aggregate term of imprisonment of 5 years 6 months commencing 30 December 2020 and expiring 29 June 2026
Non-Parole period - 4 years 1 month and 14 days
First eligible for parole on 12 February 2025
Haines:
Indicative sentences: see attached schedule
Aggregate sentence:
Sentenced to a term of imprisonment of 6 years and 6 months commencing 12 June 2020 and expiring 11 December 2026
Non-Parole period - 4 years 7 months
First eligible for parole on 11 January 2025
Ingray:
Form 1A (JL Seq 90, 93, 73) taken into account in re Count 5 (JL 77)
Form 1B (JL Seq 55, 56, 17) taken into account in re Count 10 (JL 79)
Form 1C (JL Seq 89, 92) taken into account in re Count 21 (JL 84)
Form 1D (JL Seq 23, 29) taken into account in re Count 26 (JL 85)
s166 matters (JL Seq 41, 42, 43, 44) : Convicted pursuant to s10A – no further action taken.
Special circumstances found as per remarks on sentence.
Indicative sentences: see attached schedule
Aggregate sentence:
Sentenced to an aggregate term of imprisonment of 11 years & 6 months commencing 1 April 2019 expiring 30 September 2030
Non-Parole period - 8 years
First eligible for parole on 32 March 2027

Catchwords:
CRIMINAL – sentence – 3 co-offenders - joint criminal enterprise - multiple offences of robbery etc - aggravated break and enter and commit serious indictable offence, people there - aggravated break, enter and steal - enter building/land with intent to commit indictable offence -steal motor vehicle - assault with intent to rob in company - be carried in a conveyance taken without consent of the owner – extent to which offences planned or opportunistic -roles of offenders – further offenders sentenced separately – parity - subjective matters

Legislation Cited:
Crimes Act 1900

Cases Cited:
Bugmy v the Queen [2013] HCA 37
Callaghan v R [2006] NSWCCA 58.
Pearce v The Queen (1998) 194 CLR 610
R v Fernando [2002] NSWCCA 28
R v Hoschke (2001) NSWCCA 317
R v Huynh [2003] NSWCCA 239
R v McVittie [2002] NSWCCA 344
R v Millwood [2012] NSWCCA 2
R v Moffatt (1990) 20 NSWLR 114

Category: Sentence
Parties: Regina
Brown, Aaron
Haines, Tony
Ingray, Wayne
Representation:
Counsel:
Crown: Mr A Metcalfe
Brown: Mr G Wendler
Haines: Mr M Juhasz
Ingray: Ms M Fernando
Solicitors:
Crown: Ms G Alexander
Brown:Mr Y Hassan
Haines: Mr M Kiang
Ingray: Mr N Felton

File Number(s): Brown: 2019/00049941, 2019/00082524
Haines: 2019/00167172 Ingray: 2019/00050393 +ors

Judgment

OVERVIEW

Each of the offenders is to be sentenced for multiple offences, having been found guilty by a jury at…

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, Haines & Ingray

Details

AGLC: R v Brown, Haines & Ingray [2022] NSWDC 130
Case: [2022] NSWDC 130
Decision Date: 27 January 2022

CaseChat Overview and Summary

Three individuals, Brown, Haines and Ingray, appeared before the court to answer for a series of serious criminal charges including robbery, aggravated break and enter, and assault with intent to rob. The case involved a joint criminal enterprise with multiple offences committed together. The court was tasked with determining the appropriate sentences for each defendant, considering the roles they played in the crimes, the level of planning involved, and the need for parity with other offenders.

The legal issues the court had to decide included the extent to which the offences were planned or opportunistic, the roles and contributions of each defendant in the commission of the crimes, and the need to ensure parity in sentencing with other offenders who were involved in similar crimes but had not yet been sentenced. The court also had to consider the special circumstances of each offender, including their criminal history and any mitigating factors.

The court found that the offences were largely opportunistic, with varying levels of planning and participation from each defendant. Brown was sentenced to an aggregate term of imprisonment of 5 years and 6 months, with a non-parole period of 4 years 1 month and 14 days. Haines received a sentence of 6 years and 6 months, with a non-parole period of 4 years 7 months. Ingray was sentenced to an aggregate term of imprisonment of 11 years and 6 months, with a non-parole period of 8 years. The court took into account special circumstances for Ingray, including his guilty plea and cooperation with authorities. The sentences were designed to reflect the seriousness of the crimes, the roles of the offenders, and the need for deterrence and rehabilitation.

Orders

Orders of the court

Brown:

Indicative sentences: see attached schedule

Aggregate sentence:

Convicted. Sentenced to an aggregate term of imprisonment of 5 years 6 months commencing 30 December 2020 and expiring 29 June 2026

Non-Parole period - 4 years 1 month and 14 days

First eligible for parole on 12 February 2025

Haines:

Indicative sentences: see attached schedule

Aggregate sentence:

Sentenced to a term of imprisonment of 6 years and 6 months commencing 12 June 2020 and expiring 11 December 2026

Non-Parole period - 4 years 7 months

First eligible for parole on 11 January 2025

Ingray:

Form 1A (JL Seq 90, 93, 73) taken into account in re Count 5 (JL 77)

Form 1B (JL Seq 55, 56, 17) taken into account in re Count 10 (JL 79)

Form 1C (JL Seq 89, 92) taken into account in re Count 21 (JL 84)

Form 1D (JL Seq 23, 29) taken into account in re Count 26 (JL 85)

s166 matters (JL Seq 41, 42, 43, 44) : Convicted pursuant to s10A – no further action taken.

Special circumstances found as per remarks on sentence.

Indicative sentences: see attached schedule

Aggregate sentence:

Sentenced to an aggregate term of imprisonment of 11 years & 6 months commencing 1 April 2019 expiring 30 September 2030

Non-Parole period - 8 years

First eligible for parole on 32 March 2027

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, Haines & Ingray [2022] NSWDC 130
Hearing dates:	15 October 2021, 17 December 2021
Date of orders:	27 January 2022
Decision date:	27 January 2022
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Brown: Indicative sentences: see attached schedule Aggregate sentence: Convicted. Sentenced to an aggregate term of imprisonment of 5 years 6 months commencing 30 December 2020 and expiring 29 June 2026 Non-Parole period - 4 years 1 month and 14 days First eligible for parole on 12 February 2025 Haines: Indicative sentences: see attached schedule Aggregate sentence: Sentenced to a term of imprisonment of 6 years and 6 months commencing 12 June 2020 and expiring 11 December 2026 Non-Parole period - 4 years 7 months First eligible for parole on 11 January 2025 Ingray: Form 1A (JL Seq 90, 93, 73) taken into account in re Count 5 (JL 77) Form 1B (JL Seq 55, 56, 17) taken into account in re Count 10 (JL 79) Form 1C (JL Seq 89, 92) taken into account in re Count 21 (JL 84) Form 1D (JL Seq 23, 29) taken into account in re Count 26 (JL 85) s166 matters (JL Seq 41, 42, 43, 44) : Convicted pursuant to s10A – no further action taken. Special circumstances found as per remarks on sentence. Indicative sentences: see attached schedule Aggregate sentence: Sentenced to an aggregate term of imprisonment of 11 years & 6 months commencing 1 April 2019 expiring 30 September 2030 Non-Parole period - 8 years First eligible for parole on 32 March 2027
Catchwords:	CRIMINAL – sentence – 3 co-offenders - joint criminal enterprise - multiple offences of robbery etc - aggravated break and enter and commit serious indictable offence, people there - aggravated break, enter and steal - enter building/land with intent to commit indictable offence -steal motor vehicle - assault with intent to rob in company - be carried in a conveyance taken without consent of the owner – extent to which offences planned or opportunistic -roles of offenders – further offenders sentenced separately – parity - subjective matters
Legislation Cited:	Crimes Act 1900
Cases Cited:	Bugmy v the Queen [2013] HCA 37 Callaghan v R [2006] NSWCCA 58. Pearce v The Queen (1998) 194 CLR 610 R v Fernando [2002] NSWCCA 28 R v Hoschke (2001) NSWCCA 317 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Millwood [2012] NSWCCA 2 R v Moffatt (1990) 20 NSWLR 114
Category:	Sentence
Parties:	Regina Brown, Aaron Haines, Tony Ingray, Wayne
Representation:	Counsel: Crown: Mr A Metcalfe Brown: Mr G Wendler Haines: Mr M Juhasz Ingray: Ms M Fernando Solicitors: Crown: Ms G Alexander Brown:Mr Y Hassan Haines: Mr M Kiang Ingray: Mr N Felton
File Number(s):	Brown: 2019/00049941, 2019/00082524 Haines: 2019/00167172 Ingray: 2019/00050393 +ors