R v Coombes - [2019] NSWDC 295

District Court

New South Wales

Medium Neutral Citation: R v Coombes [2019] NSWDC 295
Hearing dates: 23 May 2019
Date of orders: 23 May 2019
Decision date: 23 May 2019
Jurisdiction: Criminal
Before: Grant DCJ
Decision:
You are convicted. You are placed on a community correction order for 12 months. The community correction order is subject to the following conditions:

The offender must not commit any offence.

The offender must appear before court if called upon.

The offender must submit to supervision by a Community Correction officer.

The offender is to participate in a rehabilitation program or to receive treatment.

The offender is to abstain from the use of illicit drugs.

The offender must perform 120 hours of community service work; and

The offender must report to the Wollongong Community Corrections Office within 5 days of this order.

Catchwords: CRIME — Property offences — Enter dwelling-house with intent to commit serious indictable offence
SENTENCING — Penalties — Community Correction Order
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Cases Cited: R v Moon [2000] NSWCCA 534
R v Pullen [2018] NSWCCA 264
Yardly v Betts (1979) 1 A Crim R 329
Category: Sentence
Parties: Regina (Crown)
Aubrey Coombes (Offender)
Representation: Solicitors:
Ms A Kerr (Crown)
Ms E Parks (Offender)

File Number(s): 2018/00265472

Judgment

INTRODUCTION

Aubrey Coombes appears before me for sentence, having pleaded guilty to two charges, namely aggravated enter dwelling with intent to commit serious indictable offence, contrary to s 111(2) of the Crimes Act, which carries a statutory maximum penalty of 14 years imprisonment; and assault occasioning actual bodily harm, contrary to s 59(1) of the Crimes Act, which carries a statutory maximum period of five years imprisonment. She has asked me to take into account one matter on a form 1 and when I announce the sentence I will have taken that matter into account.
The maximum penalties are an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it.

PLEA OF GUILTY

The offender at an early opportunity entered a plea of guilty to the matters and is entitled to a discount of 25% and I so allow that discount in relation to the sentence that I intend to impose.

AGREED FACTS

Contained in exhibit 1 at tab 2 is an agreed statement of agreed facts which reads as follows:

“The victims, Kay and Dimche Petrovski are married, however, at the time of these offences they were residing at separate locations due to relationship issues which they were trying to resolve. Dimche Petrovski was residing in a granny flat at the rear of 29 Poulter Street, West Wollongong. Both victims know the offender as they are friends with her aunt.
During the morning of 28 August 2018 Kay Petrovski was at her home and received a photo message on her Facebook Messenger account from the offender. The photo was of the victim’s cat with the hand of a female in the background.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Coombes

Details

AGLC: R v Coombes [2019] NSWDC 295
Case: [2019] NSWDC 295
Decision Date: 23 May 2019

CaseChat Overview and Summary

In the case of R v Coombes, the defendant stood accused of entering a dwelling-house with the intent to commit a serious indictable offence. The matter was heard and determined by the court, which had to consider the facts, the evidence, and the legal principles applicable to the charges brought against the defendant. The court was tasked with determining the appropriate sentence for the defendant following their conviction.

The legal issues before the court included the interpretation and application of the relevant statutory provisions concerning property offences, specifically entering a dwelling-house with intent to commit a serious indictable offence. The court also had to consider the principles of sentencing, including the objectives of punishment, deterrence, and rehabilitation, when determining the appropriate penalty for the defendant. Furthermore, the court needed to weigh the aggravating and mitigating factors in the case to arrive at a just and proportionate sentence.

After considering the evidence and submissions, the court found the defendant guilty of the charged offence. In determining the appropriate sentence, the court emphasised the need for punishment that aligns with the statutory objectives, including deterrence and rehabilitation. The court also took into account the defendant's background, character, and the circumstances surrounding the offence. Ultimately, the court decided to impose a community correction order for a period of 12 months, with specific conditions aimed at addressing the defendant's offending behaviour and promoting their reintegration into society. These conditions included abstaining from the use of illicit drugs, participating in a rehabilitation program, performing community service work, and submitting to supervision by a Community Correction officer. The defendant was also required to report to the Wollongong Community Corrections Office within five days of the order being made.

In conclusion, the court found the defendant guilty of entering a dwelling-house with the intent to commit a serious indictable offence and sentenced them to a community correction order for 12 months, subject to the outlined conditions. The court's decision reflects the need for a balanced approach to sentencing, taking into account the statutory objectives, the defendant's circumstances, and the need for appropriate punishment and rehabilitation.

Orders

Orders of the court

You are convicted. You are placed on a community correction order for 12 months. The community correction order is subject to the following conditions:

The offender must not commit any offence.

The offender must appear before court if called upon.

The offender must submit to supervision by a Community Correction officer.

The offender is to participate in a rehabilitation program or to receive treatment.

The offender is to abstain from the use of illicit drugs.

The offender must perform 120 hours of community service work; and

The offender must report to the Wollongong Community Corrections Office within 5 days of this order.

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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Medium Neutral Citation:	R v Coombes [2019] NSWDC 295
Hearing dates:	23 May 2019
Date of orders:	23 May 2019
Decision date:	23 May 2019
Jurisdiction:	Criminal
Before:	Grant DCJ
Decision:	You are convicted. You are placed on a community correction order for 12 months. The community correction order is subject to the following conditions: The offender must not commit any offence. The offender must appear before court if called upon. The offender must submit to supervision by a Community Correction officer. The offender is to participate in a rehabilitation program or to receive treatment. The offender is to abstain from the use of illicit drugs. The offender must perform 120 hours of community service work; and The offender must report to the Wollongong Community Corrections Office within 5 days of this order.
Catchwords:	CRIME — Property offences — Enter dwelling-house with intent to commit serious indictable offence SENTENCING — Penalties — Community Correction Order
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
Cases Cited:	R v Moon [2000] NSWCCA 534 R v Pullen [2018] NSWCCA 264 Yardly v Betts (1979) 1 A Crim R 329
Category:	Sentence
Parties:	Regina (Crown) Aubrey Coombes (Offender)
Representation:	Solicitors: Ms A Kerr (Crown) Ms E Parks (Offender)
File Number(s):	2018/00265472