R v Dean

[2023] NSWDC 522

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Dean [2023] NSWDC 522

Hearing dates:

8 November 2023

Decision date:

08 November 2023

Jurisdiction:

Criminal

Before:

Newlinds SC DCJ

Decision:

See para [10]

Catchwords:

CRIME – Sentence – Serious offences – Substantial history of offending – Mental health – Drug addiction – adjourned for the purpose of assessing Offender’s prospects of rehabilitation – strict conditions 

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999, s 11

Crimes Act 1900, s 60(2), s 112(1)(A)

Cases Cited:

Bugmy v R [2013] HCA 27

Category:

Sentence

Parties:

Rex (Crown)
Kayne Dean (Offender)

Representation:

Counsel:
A Florance (Crown)
E James (Offender)

Solicitors:
Office of the Director of Public Prosecutions (NSW)
Macquarie Law Group (Offender)

File Number(s):

2022/156995
2022/165718

Publication restriction:

None

JUDGMENT: EX TEMPORE

1. HIS HONOUR: In this matter, which was listed before me today for sentence, for what, on any view, is a large number of serious offences, ranging from Assault Police Officer in Execution of Duty (s 60(2) Crimes Act 1900) to Break Enter and Steal (s 112(1)(A) Crimes Act 1900), the objective seriousness of which is effectively agreed between the Crown and the Offender as somewhere towards the mid-range. I consider that assessment to be generous in favour of the Offender.

2. On top of that, the Offender has what can only be described as a dreadful criminal history. It was not possible for me, when preparing the matter to add up how much time he has spent in prison in his 32 years of life, but it seems to me that a very large proportion of his adult life has already been spent in gaol.

3. On the evidence before me I am satisfied that the Offender had an extremely difficult childhood which I think it could be described as deprived in the sense explained in cases like Bugmy v R [2013] HCA 27. I have not heard full argument on that, but if it does not fall into that category he certainly has, in any event, a very strong subjective case which has inbuilt into it a history of childhood sexual abuse, which no doubt led to, at least in part, long term drug use and diagnosed mental health issues which at least in part may well be an explanation, if not an excuse for his life of crime to the present point.

4. Notwithstanding all of that, Mr James on behalf of the Offender has submitted that the Offender does seem, in recent times, following the offences which brings him before me and following the death of his mother, whilst he was in custody for these offences, to have for the first time made significant efforts to deal with the consequences of his childhood trauma, in particular his mental health issues and his drug issues. He has received some treatment from a psychologist who has proposed a treatment plan. He has a partner and young child, and he has secured a full-time job.

5. When I…