R v Cook

Case [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…

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Details
AGLC
R v Cook [2021] NSWDC 436
Case
[2021] NSWDC 436
Decision Date

CaseChat Overview and Summary

The case of R v Cook involved the respondent, who was convicted on several counts, including aggravated break and enter, committing a serious indictable offence, inflicting actual bodily harm, common assault, stealing a motor vehicle, driving a motor vehicle while disqualified, and dishonestly obtaining property by deception. The matter was heard in the relevant Australian court. The respondent's criminal conduct included breaking into a property, assaulting an individual, stealing their vehicle, and committing additional offences during a short period following his release on parole.

The court was required to determine the appropriate sentence, considering various legal issues. These issues included the nature and severity of the offences, the respondent's criminal history, the timing of the offences in relation to his release on parole, and any mitigating factors that might be applicable. The court also needed to assess whether further custody was necessary to protect the community and to consider the respondent's steps to break ties with his criminal past.

The court found that the respondent's criminal conduct was severe and that his early plea and some efforts to distance himself from his criminal past were mitigating factors. However, the court concluded that the respondent's actions demonstrated a need for significant punishment and deterrence. The court imposed an aggregate sentence of three years and two months, with a non-parole period of one year and nine months. This sentence reflected the gravity of the respondent's crimes and the need to protect the community from further harm.

Orders

Orders of the court

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

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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