R v Daldy-Rowe - [2019] NSWDC 899

District Court

New South Wales

Medium Neutral Citation: R v Daldy-Rowe [2019] NSWDC 899
Hearing dates: 28 November 2019
Date of orders: 28 November 2019
Decision date: 28 November 2019
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
Convicted
Make a finding of special circumstances
Taking into account 2 matters on a Form 1 and having a 25% discount applied, the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years and 3 months with a non-parole period of 2 years and 6 months.
For the matter on s166 Certificate 9 months fixed term of imprisonment is imposed

Catchwords: CRIMINAL LAW – Sentence – Intimidation – Assault occasioning actual bodily harm – Intimidation – Use offensive weapon with intent – Syringe – Form 1 – Common assault – Resist officer in execution of duty – Vulnerable witnesses – Perception of injury – Emotional harm – Spontaneous offending – Substance abuse disorder – Borderline personality disorder.
Legislation Cited: Crimes Act
Category: Sentence
Parties: The Crown
Amber Michelle Daldy-Rowe
Representation:
Counsel:
J Hanna – The Crown
Solicitors:
Director of Public Prosecutions
Legal Aid Commission

File Number(s): 2018/00345583

Judgment

HIS HONOUR: Amber Michelle Daldy-Rowe stands for sentence in relation to a number of offences. These include using an offensive weapon with intent to commit an indictable offence to wit, intimidation in breach of s 33(B)(1)(a) of the Crimes Act, that matter carries a maximum penalty of twelve years imprisonment and no standard non-parole period has application; an assault occasioning actual bodily harm on Mr Majer in breach of s 59 (1) of the Crimes Act, that matter has a maximum penalty of five years imprisonment and no standard non-parole period has application. Additionally when sentencing Ms Daldy-Rowe in relation to the s 33(B)(1)(a) matter, I will take into account two further offences on a Form 1 which has been signed by the parties and myself today which has two charges of common assault, each of which on indictment carry a maximum penalty of two years imprisonment. It is inevitable consistent with the legislation and authority that those matters being taken into account will place upward pressure on the sentence to be imposed for the s 33(1)(b) offence.
Additionally there is one matter of resisting an officer in the execution of duty in breach of s 59 of the Crimes Act that the parties ask me to take into account; this is before the Court on a s 166 certificate. That is a matter that on indictment carries a maximum penalty of five years imprisonment. It is common ground between parties that Ms Daldy-Rowe has been in custody since her arrest on the day of the offences being 10 November 2018 and that all her custody was referable to these matters and that any sentence will be available to be backdated to that day. It is also common ground that Ms Daldy-Rowe pleaded guilty in the Local Court and is entitled to a twenty-five per cent utilitarian discount…

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 Daldy-Rowe

Details

AGLC: R v Daldy-Rowe [2019] NSWDC 899
Case: [2019] NSWDC 899
Decision Date: 28 November 2019

CaseChat Overview and Summary

The appellant, Daldy-Rowe, was convicted of multiple offences including intimidation, assault occasioning actual bodily harm, use of an offensive weapon with intent, common assault, resisting a police officer in the execution of their duty, and two matters concerning vulnerable witnesses. The case was heard in the Supreme Court of New South Wales, where the primary focus was on determining an appropriate sentence for the appellant's various criminal activities. The legal issues before the court involved assessing the severity of the offences, the appellant's history of substance abuse and mental health disorders, and the need to consider special circumstances that might influence the sentencing.

The court considered the nature and circumstances of the offences, emphasising the use of a syringe as an offensive weapon and the impact of the offences on vulnerable victims. It also examined the appellant's personal background, including their substance abuse disorder and borderline personality disorder, which were relevant to understanding the context of the offending. The court had to balance the need for punishment with considerations of rehabilitation, particularly in light of the appellant's mental health issues. Additionally, the court needed to decide whether the special circumstances of the case warranted any adjustments to the standard sentencing principles.

In its reasoning, the court found that the offences were serious and required a substantial custodial sentence. However, it recognised the appellant's vulnerabilities and the potential for rehabilitation. The court imposed an aggregate term of imprisonment, consisting of a head sentence of four years and three months, with a non-parole period of two years and six months. For one of the matters, the court imposed a fixed term of imprisonment of nine months. The sentence reflected both the seriousness of the crimes and the need to address the appellant's underlying issues in a way that might facilitate rehabilitation.

Orders

Orders of the court

Convicted

Make a finding of special circumstances

Taking into account 2 matters on a Form 1 and having a 25% discount applied, the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years and 3 months with a non-parole period of 2 years and 6 months.

For the matter on s166 Certificate 9 months fixed term of imprisonment is imposed

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 Daldy-Rowe [2019] NSWDC 899
Hearing dates:	28 November 2019
Date of orders:	28 November 2019
Decision date:	28 November 2019
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	Convicted Make a finding of special circumstances Taking into account 2 matters on a Form 1 and having a 25% discount applied, the offender is sentenced to an aggregate term of imprisonment consisting of a head sentence of 4 years and 3 months with a non-parole period of 2 years and 6 months. For the matter on s166 Certificate 9 months fixed term of imprisonment is imposed
Catchwords:	CRIMINAL LAW – Sentence – Intimidation – Assault occasioning actual bodily harm – Intimidation – Use offensive weapon with intent – Syringe – Form 1 – Common assault – Resist officer in execution of duty – Vulnerable witnesses – Perception of injury – Emotional harm – Spontaneous offending – Substance abuse disorder – Borderline personality disorder.
Legislation Cited:	Crimes Act
Category:	Sentence
Parties:	The Crown Amber Michelle Daldy-Rowe
Representation:	Counsel: J Hanna – The Crown Solicitors: Director of Public Prosecutions Legal Aid Commission
File Number(s):	2018/00345583