R v Craig John Drew - [2006] NSWDC 190

CITATION: R v Craig John Drew [2006] NSWDC 190

HEARING DATE(S): 4/7/06, 10/7/06 & 11/7/06

JUDGMENT DATE:
8 December 2006

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted of 3 offences of robbery with offensive weapon (Counts 1,2 & 4).; Sentenced to 3 yrs to expire 17/6/08. Set additional term of 1 year to expire on 17 June 2009.; Count 3 - Convicted of offence at Mortlake being armed with offensive weapon assaulted Christopher Pascal with intent to rob and wound Christopher Pascal – sentenced to a NPP 4 years to date 18/6/06 and to expire 17 June 2010. ; Set additional term of 2 years 17 June 2011.

CATCHWORDS: Criminal Law - Sentencing - after trial - robbery being armed with offensive implement (x3), assault with intent to rob being armed with offensive implement, with wounding - objective criminality - standard non parole period - reasons for not applying - role of victim impact statements - special circumstances.

LEGISLATION CITED: Crimes (Sentencing Proceedings) Act 1989

CASES CITED: R v Gladue [1990] 1 S.C.R. 688 at 80
R v Cuthbert [1967] 2 NSWR 329
R v Rushby [1977] 1NSWLR 594
R v Hayes [1984] 1 NSWLR 740)
R v Rause Unreported NSWCCA 8th Aug 1992
R v Buttworth [1983] 1 NSWLR 658 at 625 1 NSWLR 658 at 625 per O’Brien CJ of Cr D
R v Henry (1999) 46 NSWLR 346

PARTIES: Regina
Craig John Drew

FILE NUMBER(S): 11/01/2005

COUNSEL: Offender: B. Glennon
Cr: S. Apps

Subject to Crown Appeal to the Court of Criminal Appeal

SENTENCE

1 HIS HONOUR: This case more clearly than many others reveals the savage consequences undisciplined drug addiction imposes upon both victim and offender. Regrettably, many members of society are addicted to drug or alcohol but they are able to exercise sufficient discipline to keep their addiction within the limits of their budget and/or the confines of their home. Where addiction triumphs over established social boundaries and taboos, what is otherwise a personal health problem becomes antisocial criminal conduct.

2 Craig John Drew is a heroin addict. In 2004 however he was able to attend weekly meetings with the Exodus Foundation Men’s Group. He was well liked and appears to have been well supported by others. In Christmas of 2004 he donated a number of Christmas presents to be given to needy children at the annual Exodus Foundation Christmas party.

3 By contrast between 11th and 13th June 2005 he was severely addicted to heroin. His sense of self discipline disintegrated between those dates, when he robbed three bus drivers and seriously wounded a fourth when attempting to rob him. The money he captured was to feed his drug addiction.

4 On the other hand Robert Baraclough and Christopher Pasquale were two bus drivers confronted by Craig Drew. Robert Baraclough now experiences a level of stress so severe that it incapacitates him. He is now unable to work as a bus driver. Craig Drew’s robbery of him was a significant event…

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 Craig John Drew

Details

AGLC: R v Craig John Drew [2006] NSWDC 190
Case: [2006] NSWDC 190
Decision Date: 8 December 2006

CaseChat Overview and Summary

In the Supreme Court of New South Wales, Craig John Drew was convicted of multiple offences including robbery and assault with intent to rob. The primary dispute in this case revolves around Drew's sentencing for these crimes, particularly the determination of the standard non-parole periods (NPP) and the additional terms imposed. Drew was found guilty of three counts of robbery being armed with an offensive implement, and one count of assault with intent to rob while armed with an offensive implement, resulting in wounding. The legal issues before the court included the assessment of the objective criminality of the offences, the appropriateness of the standard non-parole period for each offence, and the impact of the victim's statements on sentencing.

The court examined the severity of Drew's criminal conduct, considering the nature and circumstances of the offences, and the need for deterrence and protection of the community. In determining the standard non-parole period, the court balanced the gravity of the crimes against the principles of justice and proportionality. The court also considered the role of victim impact statements, acknowledging their importance in understanding the harm caused to the victims, but ultimately deciding that they did not warrant a departure from the standard non-parole periods. The court found that special circumstances did not apply to reduce the NPP for any of the offences.

The court imposed a sentence of three years for the three counts of robbery, with an expiry date set for 17 June 2008. An additional term of one year was set to expire on 17 June 2009. For the count involving the assault with intent to rob, the court imposed a standard non-parole period of four years, to expire on 18 June 2006, with an additional term of two years set to expire on 17 June 2011. The orders reflect the court's consideration of the objective criminality of the offences and the need to balance the interests of justice with the protection of the community.

Orders

Orders of the court

Convicted of 3 offences of robbery with offensive weapon (Counts 1,2 & 4).; Sentenced to 3 yrs to expire 17/6/08. Set additional term of 1 year to expire on 17 June 2009.; Count 3 - Convicted of offence at Mortlake being armed with offensive weapon assaulted Christopher Pascal with intent to rob and wound Christopher Pascal - sentenced to a NPP 4 years to date 18/6/06 and to expire 17 June 2010. ; Set additional term of 2 years 17 June 2011.

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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CITATION:	R v Craig John Drew [2006] NSWDC 190
HEARING DATE(S):	4/7/06, 10/7/06 & 11/7/06
JUDGMENT DATE:	8 December 2006
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Convicted of 3 offences of robbery with offensive weapon (Counts 1,2 & 4).; Sentenced to 3 yrs to expire 17/6/08. Set additional term of 1 year to expire on 17 June 2009.; Count 3 - Convicted of offence at Mortlake being armed with offensive weapon assaulted Christopher Pascal with intent to rob and wound Christopher Pascal – sentenced to a NPP 4 years to date 18/6/06 and to expire 17 June 2010. ; Set additional term of 2 years 17 June 2011.
CATCHWORDS:	Criminal Law - Sentencing - after trial - robbery being armed with offensive implement (x3), assault with intent to rob being armed with offensive implement, with wounding - objective criminality - standard non parole period - reasons for not applying - role of victim impact statements - special circumstances.
LEGISLATION CITED:	Crimes (Sentencing Proceedings) Act 1989
CASES CITED:	R v Gladue [1990] 1 S.C.R. 688 at 80 R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] 1NSWLR 594 R v Hayes [1984] 1 NSWLR 740) R v Rause Unreported NSWCCA 8th Aug 1992 R v Buttworth [1983] 1 NSWLR 658 at 625 1 NSWLR 658 at 625 per O’Brien CJ of Cr D R v Henry (1999) 46 NSWLR 346
PARTIES:	Regina Craig John Drew
FILE NUMBER(S):	11/01/2005
COUNSEL:	Offender: B. Glennon Cr: S. Apps