R v Crawley - [2021] NSWDC 354

District Court

New South Wales

Medium Neutral Citation: R v Crawley [2021] NSWDC 354
Hearing dates: 27 July 2021
Decision date: 27 July 2021
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 3 years 3 months with a non- parole period of 2 years.

Catchwords:
CRIME - Dishonestly obtain property by deception - Possess unregistered unauthorised pistol - Break, enter & commit serious indictable offence - carried in conveyance taken without consent of owner - Knowingly drive stolen conveyance - Aid/abet assault occasioning actual bodily harm while in custody
SENTENCING - Relevant factors on sentence - multiple offences - short period of offending- breach of bail- long custodial history - unable to live a normal life in community - unable to adapt to the custodial environment- incarceration has not proved an effective deterrent – aided an assault in prison - deprived background - early plea - structure of sentence

Legislation Cited:
Crimes Act 1900
Crimes (Administration of Sentences) Act 1999
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986

Cases Cited:
Attorney General’s Application No. 1: [2002] NSWCCA 518 (2002) 56 NSWLR 146
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Kinzett v R [2021] NSWDC 339
Markarian v The Queen (2005) 228 CLR 357
Mill v The Queen (1988) 166 CLR 59
Ponfield v R [199] NSWCCA 435; (1999) 48 NSWLR 327
R v Herring (1956) 73 WN (NSW) 203
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Windle [2012] NSWCCA 222
Ryan v The Queen (2001) 206 CLR 267
Veen v The Queen (No 2) (1988) 164 CLR 465

Category: Sentence
Parties: Joshua Anthony Crawley (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr B Hart (for the offender)
Solicitors:
Justine Hall (for the offender)
Ms N Verghese (for Director of Public Prosecutions)

File Number(s): 2020/72303; 2020/144880; 2020/108716; 2020/322566; 2020/230716

SENTENCE

Introduction

Joshua Crawley is now 31 years old. He has spent over 10 of the last 11 years in custody. He also spent most of his teens in juvenile detention. He has never lived a normal life in the community. He does not know how to live a normal life in the community. His time in gaol has not been comfortable either. He has trouble coping with prison discipline and routine. Gaol has not made him a better person. In the community he takes what he wants and does what he wants. It is the only life he knows. Since 2010 the longest period he has stayed out of gaol is 2 months!
On the 19 February 2020 he was released from Junee gaol as his sentence had expired. His offending commenced on 23 February 2020. He was back in custody on 5 March 2020. He was bailed on 17 March but arrested again on 10 April 2020. He has been on remand ever since.
Crawley is for sentence today for 7 indictable…

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 Crawley

Details

AGLC: R v Crawley [2021] NSWDC 354
Case: [2021] NSWDC 354
Decision Date: 27 July 2021

CaseChat Overview and Summary

The defendant, Crawley, stood before the court in a multifaceted criminal case involving several serious charges. The primary allegations included dishonestly obtaining property by deception, possession of an unregistered and unauthorised pistol, breaking and entering with intent to commit a serious indictable offence, carrying the firearm in a conveyance taken without consent, knowingly driving a stolen vehicle, and aiding and abetting an assault occasioning actual bodily harm while in custody.

The court was tasked with determining the appropriate legal principles and statutory provisions applicable to each charge, considering the interplay between these offences and their respective sentencing implications. This encompassed assessing the relevance of multiple offences committed over a short period, the defendant's breach of bail, his extensive history with custodial sentences, and the implications of his inability to live a normal life in the community or adapt to the custodial environment. The court also had to weigh the defendant's deprived background, his early plea, and the structure of the overall sentence.

The court meticulously evaluated the cumulative impact of Crawley’s criminal conduct, ultimately concluding that an aggregate sentence was warranted. It found that while incarceration had not deterred the defendant from reoffending, the sentence should reflect the seriousness of the crimes and the need for general deterrence. The court imposed an aggregate sentence of three years and three months, with a non-parole period of two years, taking into account all relevant factors and the principles of sentencing.

Orders

Orders of the court

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

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 Crawley [2021] NSWDC 354
Hearing dates:	27 July 2021
Decision date:	27 July 2021
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 3 years 3 months with a non- parole period of 2 years.
Catchwords:	CRIME - Dishonestly obtain property by deception - Possess unregistered unauthorised pistol - Break, enter & commit serious indictable offence - carried in conveyance taken without consent of owner - Knowingly drive stolen conveyance - Aid/abet assault occasioning actual bodily harm while in custody SENTENCING - Relevant factors on sentence - multiple offences - short period of offending- breach of bail- long custodial history - unable to live a normal life in community - unable to adapt to the custodial environment- incarceration has not proved an effective deterrent – aided an assault in prison - deprived background - early plea - structure of sentence
Legislation Cited:	Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Attorney General’s Application No. 1: [2002] NSWCCA 518 (2002) 56 NSWLR 146 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Kinzett v R [2021] NSWDC 339 Markarian v The Queen (2005) 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 Ponfield v R [199] NSWCCA 435; (1999) 48 NSWLR 327 R v Herring (1956) 73 WN (NSW) 203 R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Windle [2012] NSWCCA 222 Ryan v The Queen (2001) 206 CLR 267 Veen v The Queen (No 2) (1988) 164 CLR 465
Category:	Sentence
Parties:	Joshua Anthony Crawley (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr B Hart (for the offender) Solicitors: Justine Hall (for the offender) Ms N Verghese (for Director of Public Prosecutions)
File Number(s):	2020/72303; 2020/144880; 2020/108716; 2020/322566; 2020/230716