R v Campbell-Betts; R v Coe - [2021] NSWDC 346

District Court

New South Wales

Medium Neutral Citation: R v CAMPBELL-BETTS; R v COE [2021] NSWDC 346
Hearing dates: 25 June, 2021
Date of orders: 27 July, 2021
Decision date: 27 July 2021
Jurisdiction: Criminal
Before: Lerve DCJ
Decision:
Both offenders sentenced to an aggregate sentence of 4 years and 9 months with a non-parole period of 3 years 2 months.

Catchwords:
CRIME - Robbery in company, car-jacking of taxi armed with knife
SENTENCING – co-offenders – neither entitled to leniency with criminal records – both on conditional liberty – Bugmy factors – partial accumulation

Legislation Cited:
Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Road Transport Act, 2013
Uniform Civil Procedure Rules (Expert Witness Code of Conduct)

Cases Cited:
Atkinson v Coles Supermarkets Pty Ltd [2020] NSWSC 1063
Bugmy v The Queen (2013) 249 CLR 571
Cahyadi v R [2007] NSWCCA 1
Dungay v R [2020] NSWCCA 209
Locke v R (2010) 207 A Crim R 34
Nguyen v R [2007] NSWCCA 14
Qoro v R [2020] NSWCCA 276
R v Barker & Gibson [2006] NSWCCA 20
R v Henry & Ors (1999) 46 NSWLR 346
R v Merrin (2007) 174 A Crim R 100

Category: Sentence
Parties: Regina
Robert Campbell-Betts (Offender)
Jai Coe (Offender)
Representation: Solicitors:
Ms M McFarlane, Office of Director of Public Prosecutions
Ms H Dreher, Aboriginal Legal Service, (for the offender Campbell-Betts)
Ms B Winn, Aboriginal Legal Service, (for the offender Coe)

File Number(s): 2020/121936 (Campbell-Betts)
2020/126354 (Coe)
Publication restriction: No

REMARKS ON SENTENCE

The offenders appear before the court with each charged with the following:

That (he) on 21 April 2020 at Tolland in the State of New South Wales, being in company (of each other) robbed Daniel Kisela of certain property, namely $150 of Australian currency, a Samsung S20 mobile phone and a coin dispenser the property of Daniel Kisela and Marino Baggio, contrary to s 97(1) of the Crimes Act, 1900; and further

That (he) on 21 April 2020 at Tolland in the State of New South Wales, while armed with an offensive weapon assaulted Daniel Kisela with intent to take a motor vehicle and took and drove a motor vehicle, a white Toyota Camry with NSW Taxi Registration TC-2199 without the consent of the person in lawful possession of the motor vehicle, Daniel Kisela contrary to s 154C(2) of the Crimes Act.

Both were committed for sentence from the Local Court on 16 December 2020. Each adhered to the pleas of guilty entered at the Local Court at the sentence hearing at the Wagga Wagga District Court on 11 June 2021 and accordingly each are entitled to the full 25% discount for the utilitarian value of the pleas of guilty.
The maximum penalty for the aggravated robbery charge is 20 years imprisonment. There is no standard non-parole period specified, although the Guideline Judgment in R v Henry & Ors (1999) 46 NSWLR 346 will need to be considered. The maximum penalty for the aggravated car-jacking offence…

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.

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Details

Case: [2021] NSWDC 346
Decision Date: 27 July 2021

CaseChat Overview and Summary

In the case of R v Campbell-Betts; R v Coe, two co-defendants were convicted of robbery in company and car-jacking a taxi armed with a knife. The case was heard in the higher court where the focus was on the sentencing of the defendants, who had criminal records and were on conditional liberty at the time of sentencing. The presiding judge was required to balance the Bugmy factors, which include the culpability of each offender, the degree of participation in the crime, and the need for deterrence and denunciation.

The legal issues before the court involved determining the appropriate sentences for each defendant, considering their criminal history and the nature of their involvement in the crime. The court had to decide whether any leniency could be applied to either defendant, given their previous criminal records and the fact that neither had been entitled to leniency. The Bugmy factors were critical in guiding the court's approach to sentencing, particularly the need to ensure that the sentences were cumulative rather than partially cumulative.

The court found that neither defendant was entitled to leniency given their criminal histories. It was determined that both offenders should receive sentences that reflected the seriousness of their crimes, taking into account the Bugmy factors. The judge concluded that an aggregate sentence of 4 years and 9 months, with a non-parole period of 3 years and 2 months, was appropriate. This sentence aimed to adequately address the culpability of each offender and the need for deterrence and denunciation.

The court ordered that both Campbell-Betts and Coe be sentenced to an aggregate term of 4 years and 9 months imprisonment, with a non-parole period of 3 years and 2 months. This decision ensured that the sentences were proportionate to the gravity of the crimes committed and took into account the relevant sentencing principles.

Orders

Orders of the court

Both offenders sentenced to an aggregate sentence of 4 years and 9 months with a non-parole period of 3 years 2 months.

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 CAMPBELL-BETTS; R v COE [2021] NSWDC 346
Hearing dates:	25 June, 2021
Date of orders:	27 July, 2021
Decision date:	27 July 2021
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	Both offenders sentenced to an aggregate sentence of 4 years and 9 months with a non-parole period of 3 years 2 months.
Catchwords:	CRIME - Robbery in company, car-jacking of taxi armed with knife SENTENCING – co-offenders – neither entitled to leniency with criminal records – both on conditional liberty – Bugmy factors – partial accumulation
Legislation Cited:	Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Road Transport Act, 2013 Uniform Civil Procedure Rules (Expert Witness Code of Conduct)
Cases Cited:	Atkinson v Coles Supermarkets Pty Ltd [2020] NSWSC 1063 Bugmy v The Queen (2013) 249 CLR 571 Cahyadi v R [2007] NSWCCA 1 Dungay v R [2020] NSWCCA 209 Locke v R (2010) 207 A Crim R 34 Nguyen v R [2007] NSWCCA 14 Qoro v R [2020] NSWCCA 276 R v Barker & Gibson [2006] NSWCCA 20 R v Henry & Ors (1999) 46 NSWLR 346 R v Merrin (2007) 174 A Crim R 100
Category:	Sentence
Parties:	Regina Robert Campbell-Betts (Offender) Jai Coe (Offender)
Representation:	Solicitors: Ms M McFarlane, Office of Director of Public Prosecutions Ms H Dreher, Aboriginal Legal Service, (for the offender Campbell-Betts) Ms B Winn, Aboriginal Legal Service, (for the offender Coe)
File Number(s):	2020/121936 (Campbell-Betts) 2020/126354 (Coe)
Publication restriction:	No