R v Cook

[2021] NSWDC 436

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Cook [2021] NSWDC 436

Hearing dates:

25 June 2021

Decision date:

25 June 2021

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Aggregate sentence of 3 years 2 months with a non-parole period of 1 year 9 months.

Catchwords:

CRIME- Aggravated Break and Enter & commit serious indictable offence - inflict actual bodily harm - Common assault - Steal motor vehicle - Drive motor vehicle during disqualification period - Dishonestly obtain property by deception

SENTENCING - Relevant factors on sentence – offences committed shortly after release to parole - breach of promise to be of good behaviour - steps taken to break ties with criminal element - is further custody required - early plea

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

R v De Simoni (1981) 147 CLR 383

Category:

Sentence

Parties:

Jesse Noel Cook (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr D Grippi (for the offender)

Solicitors:
McAneny Lawyers (for the offender)
Ms M Hayes (for Director of Public Prosecutions)

File Number(s):

2020/00248950

Publication restriction:

Non publication order-the redacted portion of the judgment and exhibit B.
Confidential transcript cannot be published, they are only to be made available to a court for the purposes of these or other legal proceedings and to the parties in this matter

sentence – ex tempore revised

Introduction

1. Jesse Cook, born in 1996. He has spent more than half of the last seven years of his life in custody. He came before me last year appealing a sentencing decision of the Local Court on 6 April 2020. On that day he said, “This is the true me standing before the Court on one last shot at asking for my freedom back”. He told me that with the benefit of courses and the incentive of fatherhood that this time for sure he would not reoffend. I reduced his non‑parole period on appeal to allow him to keep that promise, not just to me and not just to the Court but to his family.

2. He broke that promise. I am not going to punish him today for breaking a promise to me; he is not the first, he will not be the last. Tragically I only ever see the people who break their promises. There are plenty who keep their promises to the Court and I never see them again.

3. Today Cook’s counsel, Mr Grippi, submitted that Cook be given another chance to prove himself. It was argued that taking into account all relevant principles of sentencing, including the paramountcy afforded community protection; I could structure a sentence that would see him released today. That result might avoid the negative consequences of further time in custody. It is abundantly apparent from Cook’s criminal record that time in custody has not prevented his reoffending.

4. Any sentencing exercise, while ultimately about community protection, must take into account a number of other important factors. One is appropriate recognition of the harm done to the…