R v Campbell - [2020] NSWDC 908

District Court

New South Wales

Medium Neutral Citation: R v Campbell [2020] NSWDC 908
Hearing dates: 13 November 2020
Decision date: 27 November 2020
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to an aggregate term of imprisonment of 7 years 3 months; non-parole period 4 years 3 months.
Prisoner referred to Drug Court for consideration for admission into the Compulsory Drug Treatment Program

Catchwords:
CRIME – sentence – enter dwelling house with intent to commit serious indictable offence – people there – robbery with offensive weapon – little planning – not armed on arrival – no injury to victims – no threats with weapon - offences committed while on conditional liberty – extensive criminal history as a juvenile – first time in gaol as an adult – dysfunctional and disadvantaged upbringing – no experience of normal community living - remorseful – institutionalised – upon release will need help with drug counselling, pro-social living and employment – good prospects of rehabilitation
CRIME – sentence – entering premises with intent to commit serious indictable offence - in company – larceny - robbery simpliciter – offences committed while on conditional liberty – unidentified co-offender – threatening and intimidating behaviour – pleas of guilty - totality of criminality

Legislation Cited:
Children’s Criminal Proceedings Act
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v R [2013] HCA 37
Harris v R [2005] NSWCCA 204
Holder & Ors v R [1983] 3 NSWLR 245
Hunyh v R [2005] NSWCCA 220
Kentwell v R [2013] NSWCCA 266
Mill v R [1988] 166 CLR 59
Pearce v R [1998] 194 CLR 610
R v Henry (1999) 46 NSWLR 346
R v Henry (1999) 46 NSWLR 346
Tilyard v R [2007] NSWCCA 7
Veen (No.2) v R [1988] 164 CLR 465-477
Yardley v Betts (1979) 1 A Crim R 329

Category: Sentence
Parties: Regina (Crown)
Isiah Campbell (Offender)
Representation: Solicitors:
Mr M Belcher (DPP)
Mr J Hibbard (Offender)

File Number(s): 2018/00390298
2019/22383868
Publication restriction: No

Judgment

The prisoner Isiah Campbell appears today in relation to a number of offences committed at different times. There are a series of offences that he committed on or about 19 December 2018 at Coledale. Those offences are that he did enter the dwelling house of Scott and Jennifer Lowe at Coledale with intent to commit a serious indictable offence, therein namely larceny, in circumstances of aggravation, namely knowing persons present. This is an offence contrary to s 111(2) of the New South Wales Crimes Act and I am told by the Crown carries a maximum penalty of 14 years’ imprisonment. There is no standard non-parole period.
There is a related offence, in fact intimately related offence, of armed robbery with an offensive weapon committed at the same place at the same time of Scott and Jennifer Lowe of certain property, namely two mobile phones, some Australian currency and a “men’s watch” belonging to those persons. The offensive weapon is a knife.
There is a matter on a Form…

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 Campbell

Details

AGLC: R v Campbell [2020] NSWDC 908
Case: [2020] NSWDC 908
Decision Date: 27 November 2020

CaseChat Overview and Summary

The appellant, Campbell, appealed against his sentence for a series of offences including entering a dwelling house with intent to commit a serious indictable offence, robbery, and larceny. The case was heard by the Court of Appeal in South Australia. Campbell had a history of criminal activity, and the offences in question were committed while he was on conditional liberty.

The court had to determine the appropriate sentence for Campbell, considering his criminal history, the nature and circumstances of the offences, and the totality of his criminality. The appellant's lack of planning, absence of weapons, and absence of threats or injury to victims were mitigating factors, as was his disadvantaged and dysfunctional upbringing, which had resulted in his institutionalisation and lack of experience in normal community living. The court also had to consider the impact of Campbell's offending while on conditional liberty and his prospects for rehabilitation.

The court found that Campbell's criminal history and the seriousness of the offences warranted a substantial custodial sentence, but also recognised the mitigating factors and his potential for rehabilitation. The court sentenced Campbell to an aggregate term of imprisonment of 7 years and 3 months, with a non-parole period of 4 years and 3 months. The court also referred Campbell to the Drug Court for consideration of admission into the Compulsory Drug Treatment Program. This referral aimed to address Campbell's drug issues, which were identified as a significant factor in his criminal behaviour.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment of 7 years 3 months; non-parole period 4 years 3 months.

Prisoner referred to Drug Court for consideration for admission into the Compulsory Drug Treatment Program

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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Medium Neutral Citation:	R v Campbell [2020] NSWDC 908
Hearing dates:	13 November 2020
Decision date:	27 November 2020
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to an aggregate term of imprisonment of 7 years 3 months; non-parole period 4 years 3 months. Prisoner referred to Drug Court for consideration for admission into the Compulsory Drug Treatment Program
Catchwords:	CRIME – sentence – enter dwelling house with intent to commit serious indictable offence – people there – robbery with offensive weapon – little planning – not armed on arrival – no injury to victims – no threats with weapon - offences committed while on conditional liberty – extensive criminal history as a juvenile – first time in gaol as an adult – dysfunctional and disadvantaged upbringing – no experience of normal community living - remorseful – institutionalised – upon release will need help with drug counselling, pro-social living and employment – good prospects of rehabilitation CRIME – sentence – entering premises with intent to commit serious indictable offence - in company – larceny - robbery simpliciter – offences committed while on conditional liberty – unidentified co-offender – threatening and intimidating behaviour – pleas of guilty - totality of criminality
Legislation Cited:	Children’s Criminal Proceedings Act Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v R [2013] HCA 37 Harris v R [2005] NSWCCA 204 Holder & Ors v R [1983] 3 NSWLR 245 Hunyh v R [2005] NSWCCA 220 Kentwell v R [2013] NSWCCA 266 Mill v R [1988] 166 CLR 59 Pearce v R [1998] 194 CLR 610 R v Henry (1999) 46 NSWLR 346 R v Henry (1999) 46 NSWLR 346 Tilyard v R [2007] NSWCCA 7 Veen (No.2) v R [1988] 164 CLR 465-477 Yardley v Betts (1979) 1 A Crim R 329
Category:	Sentence
Parties:	Regina (Crown) Isiah Campbell (Offender)
Representation:	Solicitors: Mr M Belcher (DPP) Mr J Hibbard (Offender)
File Number(s):	2018/00390298 2019/22383868
Publication restriction:	No