R v Coe; R v Singh

Case [2020] NSWDC 828


District Court


New South Wales

Medium Neutral Citation: R v Coe; R v Singh [2020] NSWDC 828
Hearing dates: 19 November 2020
Date of orders: 24 November 2020
Decision date: 24 November 2020
Jurisdiction:Criminal
Before: Bennett SC DCJ
Decision:

Coe – aggregate sentence of imprisonment of 5 years 3 months with a non-parole period of 2 years 6 months

Singh – aggregate sentence of imprisonment of 3 years to be served by way of ICO

Catchwords:

CRIME — Violent offences — Armed robbery — Dangerous weapon

CRIME — Fraud — Dishonestly obtain financial advantage by deception

CRIME — Fraud — Dishonestly obtain property by deception

SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences

SENTENCING — Relevant factors on sentence — Parole period

SENTENCING — Relevant factors on sentence — Multiple offences — Totality re existing offences

SENTENCING — Sentencing procedure — Agreed facts

SENTENCING — Sentencing procedure — Pre-sentence reports

SENTENCING — Sentencing procedure — Reasons for sentence

SENTENCING — Subjective considerations on sentence — Aboriginal offenders

SENTENCING — Subjective considerations on sentence — Age of offender

SENTENCING — Subjective considerations on sentence — Special circumstances

SENTENCING — Penalties — Intensive correction orders

SENTENCING — Penalties — Imprisonment

SENTENCING — Probation and parole — Non-parole period

SENTENCING — Relevant factors on sentence — Co-offenders

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Firearms Act 1995

Cases Cited:

Bugmy v R [2013] HCA 37

Callaghan v R [2006] NSWCCA 58

Er v R [2018] NSWCCA 286

Foaiaulima v R [2020] NSWCCA 270

Markarianv The Queen (2005) 228 CLR 357

McNaughton v R [2006] NSWCCA 242

Muldrockv The Queen (2011) 244 CLR 120

Muldrock v The Queen (2011) 244 CLR 120

Munda v State of Western Australia [2013] HCA 38

R v Henry (1999) 46 NSWLR 346

R v Street [2005] NSWCCA 139

Tepania v R [2018] NSWCCA 247

Xiao v R [2018] NSWCCA 4

Category:Sentence
Parties:

Regina (Crown)

Richard Coe (Offender)
Shyarlm Singh (Offender)
Representation:

Michael Belcher (Crown)
Manal Bahsa (solicitor for the Offender - Coe)
Tony Evers (counsel) (Offender – Singh)

Director of Public Prosecutions (NSW) (Crown)
Pinnacle Legal Group (Coe)
The Shopfront Youth Legal Centre (Singh)
File Number(s): 2019/00220923 (Coe)
2019/00220830 (Singh)

REVISED JUDGEMENT

Introduction

  1. These are sentence proceedings for Richard Coe and Shyarlm Singh. The offenders appeared for trial before me sitting as a judge alone presented upon an indictment which alleged four offences. The first of those, Count 1, contrary to s 87(2) Crimes Act 1900, alleged that they:

“On 7 July 2019, at Canterbury in the State of New South Wales, did rob SY of certain property, namely, an iPhone 7, $25 AUD and a Commonwealth Bank card the property of SY whilst being armed with a dangerous weapon, namely, a hand gun.”

  1. Counts 2, 3 and 4 were contrary to s 192E(1)(a) Crimes Act 1900. These alleged:

Count 2:

“On 7 July 2019 at Canterbury in the State of New South Wales…

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Details
AGLC
R v Coe; R v Singh [2020] NSWDC 828
Case
[2020] NSWDC 828
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Coe and R v Singh involved two defendants, Coe and Singh, who were convicted of various criminal offences, including armed robbery and fraud. The court was tasked with determining appropriate sentences for each defendant, taking into account the nature and circumstances of their respective crimes, as well as various sentencing considerations such as the totality principle and the need to reflect the seriousness of the offences. The court was also required to consider relevant factors such as the defendants' backgrounds, the impact of their crimes on victims, and the likelihood of rehabilitation.

The primary legal issues the court had to address were the appropriate aggregate sentences for both defendants, the determination of non-parole periods, and the consideration of special circumstances. Specifically, the court needed to balance the cumulative effect of multiple offences, the principles of totality and proportionality, and subjective factors such as the defendants' ages, backgrounds, and prospects for rehabilitation. The court also had to consider the submissions from both the prosecution and defence regarding the appropriate penalties and the suitability of non-parole periods.

The court thoroughly evaluated the pre-sentence reports and the submissions from both parties. It acknowledged the seriousness of the offences, particularly the armed robbery involving a dangerous weapon and the multiple instances of fraud. The court considered the totality principle, which requires that the aggregate sentence should reflect the overall criminality of the defendant's conduct. In reaching its decision, the court gave weight to the defendants' ages, their potential for rehabilitation, and the need for deterrence. Ultimately, the court sentenced Coe to an aggregate sentence of imprisonment of 5 years and 3 months, with a non-parole period of 2 years and 6 months, and Singh to an aggregate sentence of imprisonment of 3 years, to be served by way of an Intensive Correction Order (ICO).

In summary, Coe was sentenced to 5 years and 3 months imprisonment with a non-parole period of 2 years and 6 months. Singh was sentenced to 3 years imprisonment, to be served by way of an ICO. The court's decision reflected a balanced approach, considering the gravity of the crimes, the defendants' backgrounds, and the principles of sentencing.

Orders

Orders of the court

Coe – aggregate sentence of imprisonment of 5 years 3 months with a non-parole period of 2 years 6 months

Singh – aggregate sentence of imprisonment of 3 years to be served by way of ICO

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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