District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Burns; R v Corkery [2020] NSWDC 530 Hearing dates: 23 October 2019; 13 December 2019; 13 March 2020; 31 July 2020 Decision date: 31 July 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Burns:
Sentenced to an aggregate term of imprisonment of 10 years with a non-parole period of 7 years and 6 months.
That sentence commenced on 13 November 2017 and will expire on 12 November 2027. The non-parole period will expire on 12 May 2025.
Corkery:
Sentenced to an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years.
That sentence commenced on 13 November 2017, and will expire on 12 November 2029. The non-parole period will expire on 12 November 2026.
Catchwords: CRIME – Sentence – property, traffic law and violent crime offences – multiple counts of like offences – Form 1 matters - crime spree – degree of escalation of offending - Corkery on conditional liberty at time of offences an aggravating factor – destroy/damage property - dishonestly obtain property by deception– robbery in company– break, enter and steal – steal property from dwelling house – aggravated break, enter & steal - aggravated enter dwelling with intent to commit serious indictable offence, stealing, knowing persons there – learner not accompanied by driver/police officer - driver never licenced – steal motor vehicle - knowingly carried in stolen conveyance - take & drive conveyance – aggravated take vehicle, person on board in company - police pursuit – not stop drive manner dangerous – drive recklessly/furiously/ speed manner dangerous -use offensive weapon to resist arrest – throw missile at police – possess unauthorised firearm –objective seriousness – roles of offenders - subjective matters – aggregate sentences
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996
Road Transport Act 2013
Road Transport (Driver Licensing) Regulation 2017
Cases Cited: Attorney General’s Application No 1 of 2002 [2002] NSWCCA 518
Bugmy v The Queen [2013] HCA 37
Callaghan v R [2006] NSWCCA 58
Pearce v The Queen [1998] HCA 57 at [45]; 194 CLR 610
Quintero v R; Carvajal v R; Salazar v R [2018] NSWCCA 190
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Ibrahimi [2005] NSWCCA 153
R v MAK (2006) 167 A Crim R 159
R v McVittie [2002] NSWCCA 344
R v Millwood [2012] NSWCCA 2
Category: Sentence Parties: Regina
Allan Burns
Zachary CorkeryRepresentation: Counsel:
Crown: Mr T Bailey
Defence (Burns): Ms G Lewer
Defence (Corkery): Ms C Mendes
Solicitors:
Crown: Mr A Thomas
Defence (Burns): Ms O Harris
Defence (Corkery): Mr J Weir
File Number(s): Burns: 2017/00343320; 2017/343346; 2017/343369; 2017/354817; 2018/009217; 2018/017092
Corkery: 2017/00343359; 2017/0032017/0034335443348; 2017/00343349; 2017/00343352; 2017/00343362; 2017/00343371; 2017/00354819; 2018/00009220; 2018/00020182; 2018/00042015; 2018/00042017; 2018/00042019; 2018/00059462
Judgment
-
The offender…
Keep reading for free
Create a free CaseChat account to read R v Burns; R v Corkery and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] NSWDC 530
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court were the appropriate sentences for Burns and Corkery, considering the nature and extent of their involvement in the crime spree, the degree of escalation of their offending, and the aggravating factors present in the case. The court also had to consider the Form 1 matters and the roles of the offenders in the commission of the crimes. The court examined the objective seriousness of the offences, the subjective factors, and the aggregate sentences for the multiple counts of like offences.
The court found that the crimes committed by Burns and Corkery were of significant gravity and involved a degree of escalation. The court considered Corkery's conditional liberty at the time of the offences as an aggravating factor. The court also noted the dangerous and reckless nature of the crimes, including the use of offensive weapons and the resistance to arrest. In determining the sentences, the court considered the objective seriousness of the crimes, the subjective factors, and the roles of the offenders. The court concluded that an aggregate sentence was appropriate for each defendant, taking into account the multiple counts of like offences. The sentences imposed reflected the gravity of the crimes and the need to protect the community.
The final orders were that Burns was sentenced to an aggregate term of imprisonment of 10 years with a non-parole period of 7 years and 6 months, and Corkery was sentenced to an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years. Both sentences commenced on 13 November 2017.
Orders
Orders of the court
Burns:
Sentenced to an aggregate term of imprisonment of 10 years with a non-parole period of 7 years and 6 months.
That sentence commenced on 13 November 2017 and will expire on 12 November 2027. The non-parole period will expire on 12 May 2025.
Corkery:
Sentenced to an aggregate term of imprisonment of 12 years, with a non-parole period of 9 years.
That sentence commenced on 13 November 2017, and will expire on 12 November 2029. The non-parole period will expire on 12 November 2026.
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.