R v Connelly-Heap

[2016] NSWDC 303

District Court

New South Wales

Medium Neutral Citation:	R v Connelly-Heap [2016] NSWDC 303
Hearing dates:	5 May 2016
Date of orders:	05 May 2016
Decision date:	05 May 2016
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	The offender is bailed under s11 of the Crimes (Sentencing Procedure) Act .
Catchwords:	CRIMINAL LAW - Sentence - Armed robbery
Legislation Cited:	Crimes (Sentencing Procedure) Act
Cases Cited:	R v Henry (1999) 46 NSWLR 346; (1999) 106 A Crim R
Category:	Sentence
Parties:	The Crown Joshua Ian Connelly Heap
Representation:	Solicitors: The Director of Public Prosecutions Legal Aid Commission – for the offender
File Number(s):	2015/268480

Judgment

1. HIS HONOUR: On rare occasions offenders who appear before me for sentence tell me that going to gaol has been a positive thing for them. This is one such example.

2. The offender, Joshua Connelly-Heap, committed two offences of some seriousness at a time when he was using drugs and hanging around with the wrong crowd. When he committed an armed robbery offence he told me that he did not really care if he went to gaol and actually at the time thought there might be some benefit to it. He has now been in custody for some eight months. He tells me he has not used drugs. He tells me he has put on weight. Evidence suggests he has an offer of employment when he is released from custody and he plans to live with his father, who is present in court along with his mother and oldest brother.

3. If Mr Connelly-Heap does what he says he is going to do, there are good prospects for his future. But many people say that they do not intend to use drugs again. Many people say they intend to take up an employment offer. And many people say they will live with their father and yet when the opportunity presents itself to do all of those things, they do not take it. I would like to know whether Mr Connelly-Heap is going to do what he says he is before I sentence him. I floated the idea with his lawyer, Ms Rostron, and the Crown as to whether it would be appropriate to release Mr Connelly-Heap on bail so that he can prove to me, if he is going to, that he is capable of rehabilitating himself, not just promising it.

4. It has to be said that ultimately these were very serious crimes. Indeed one of them has a standard non-parole period of four years and the other has a maximum penalty of 20 years’ imprisonment with the R vHenry (1999) 46 NSWLR 346; (1999) 106 A Crim R guideline suggesting that a sentence of somewhere around four years might be appropriate. So there is no guarantee that even if the offender does well I will not impose a custodial sentence. But it will be important in assessing, firstly, whether such a sentence is imposed and, secondly, the length of it, that I know what Mr Connelly-Heap is going to do once released from custody.

5. Accordingly, I will grant him bail under s 11 of the Crimes (Sentencing Procedure) Act. I will adjourn the matter to this court on October 31 at 9.30 am when I will sentence Mr Connelly-Heap.

6. Conditions of his bail are as follows: he is to be supervised by the Probation and Parole Service; he is to use no illegal drugs whatsoever; he is to undergo regular and random urinalysis in order to demonstrate whether or not he is compliant with the second condition of bail; he is to take up the offer of employment from E C Throsby Pty Ltd and he is to remain in that employment unless, through no fault of his own, he loses that job; if he does lose the job, he is to make consistent and substantial efforts to obtain further employment; he is to live with his father at an address known to the Court.. Are there any other conditions of bail you want, Ms Rostron or Madam Crown?

7. HARRIS: No, thank you, your Honour.

8. HIS HONOUR: Righto. Now, let me speak to you. You have spent enough time in gaol to see those sad old people who reach the age of about 40, 45 and realise they have wasted their lives.

9. OFFENDER: Yes, I have.

10. HIS HONOUR: Now, you might be one of those if you keep using drugs, mixing with the wrong crowd and committing offences. You will be the sort of person who turns about that age and thinks what a waste of my life so far, and then it is too late; too late, often, to have children, too late to form a new relationship. So what you have got to do between now and 31 October is demonstrate to me that you are not going to be that sort of person. You have got to not use drugs. You have got to keep that job. Do you understand that?

11. OFFENDER: Yes, your Honour.

12. HIS HONOUR: If you do, you are going to do much better on 31 October than if you use drugs and you are unemployed. Do you understand?

13. OFFENDER: Yes, your Honour.

14. HIS HONOUR: So it is up to you what is going to happen. Righto. And your father too. Thank you, I will see you on 31 October.

15. I should order a pre-sentence report for that matter on the next occasion.

16. ADJOURNED PART HEARD TO MONDAY 31 OCTOBER 2016 AT 9.30AM

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Decision last updated: 22 March 2018