R v Charters

[2021] NSWDC 425

District Court

New South Wales

Medium Neutral Citation:

R v Charters [2021] NSWDC 425

Hearing dates:

8 July 2021

Date of orders:

20 August 2021

Decision date:

20 August 2021

Jurisdiction:

Criminal

Before:

Wilson SC DCJ

Decision:

Full time custodial sentence imposed. Orders at [122] – [124]

Catchwords:

CRIME – sentencing following jury trial – robbery armed with a dangerous weapon – impersonating police office and purporting to exercise powers – parity – youth – addiction – rehabilitation

Legislation Cited:

Crimes Act 1900 (NSW) ss 97(2), 546D(2)

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 21A(2), 21A(3), 21A(5AA)

Cases Cited:

Bugmy v The Queen [2013] HCA 27

Dang v R [2013] NSWCCA 246

Legge v R [2007] NSWCCA 244

Mustafa v R [2021] NSWCCA 164

R v Henry (1999) 46 NSWLR 346

R v Osenkowski (1982) 5 A Crim R 394

R v Valentini (1989) 46 ACR 23

Thomson & Houlton [2000] NSWCCA 309

Texts Cited:

None

Category:

Sentence

Parties:

Regina (ODPP)
Kelsey Charters (Offender)

Representation:

Counsel:
Chris Allison (Solicitor-Advocate) (ODPP)
Evan James (Offender)

Solicitors:
ODPP Solicitor (ODPP)
Ljupka Subeska (Offender)

File Number(s):

2020/271503

Publication restriction:

None

Judgment

Introduction

1. Kelsey Charters was born on 2 March 1996 and is now 25 years of age. She commenced using drugs of addiction at age 15. In 2018 she met her co-offender Jacob Perger. She was impacted by both these negative influences at the time she participated in the subject offending on 30 January 2019, then just 22 years of age.

2. The Offender appears for sentence after being found guilty by a jury in respect of the following 2 offences:

1. impersonating a police officer and purporting to exercise powers of a police officer with intent to deceive, in breach of s 546D(2) of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 7 years’ imprisonment; and

2. robbery armed with a dangerous weapon, in breach of s 97(2) of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of 25 years’ imprisonment.

3. The maximum penalties applicable to these offences are guideposts for a sentencing judge, and reflect the seriousness with which the community, through Parliament, views the offending.

Procedural History

4. The offending occurred in the early hours of 30 January 2019 at Beverly Hills, in New South Wales.

5. The Offender was arrested on 5 February 2020, and was bail refused for 5 days, until 10 February 2020. At this time she was granted bail, and remained on bail until the finding of guilt on 19 April 2021.

6. The trial by jury commenced on 12 April 2021 in Sydney, and concluded on 19 April 2021, at which time the jury returned with a guilty verdict on both counts. The Offender’s bail was revoked upon this finding, and she has been in custody since that time. As at today, the Offender has spent 129 days in custody referrable to this offending.

7. These offences were committed while the Offender was on bail for previous charges, being H ending 890,…