R v Doolan (No 2) - [2023] NSWDC 600

District Court

New South Wales

Medium Neutral Citation: R v Doolan (No 2) [2023] NSWDC 600
Hearing dates: 6 October 2023 and 7 December 2023
Date of orders: 7 December 2023
Decision date: 07 December 2023
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate imprisonment sentence of 2 years 11 months with a non‑parole period of 1 year and 8 months

Catchwords:
CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation — Offences committed while on parole — Failure to keep to conditions of s 11 bail
SENTENCING — Penalties — Imprisonment — Intensive Correction Order not imposed — Community safety
SENTENCING — Mitigating factors — Pleas of guilty
SENTENCING — Subjective considerations on sentence — Age of offender — Childhood deprivation — Abused in juvenile custody — Long history of offending — Institutionalisation — Mental illness — Special circumstances
SENTENCING — Relevant factors on sentence — Form 1 offence — Serious offending but near bottom of range

Legislation Cited:
Crimes Act1900 (NSW)

Cases Cited:
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Hoskins v R [2021] NSWCCA 169
Jackson v R [2010] NSWCCA 162
Jinnette v R [2012] NSWCCA 217
Kentwell v R (No 2) [2015] NSWCCA 96
Ponfield v R [1999] NSWCCA 435; (1999) 48 NSWLR 327
R v Doolan [2023] NSWDC 472
R v Doolan (No 2) [2010] NSWSC 194
R v Fernando (1992) 76 A Crim R 58
R v Hookey [2018] NSWCA 147
R v Huynh [2005] NSWCCA 220
R v Lewis [2014] NSWSC 1127
Veen v The Queen (No 2) [1988] HCA 14

Category: Sentence
Parties: Leaum Doolan (the offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
T McKenzie (for the offender)
Solicitors:
Legal Aid NSW (for the offender)
J Azard for Public Prosecutions (NSW) (Crown)

File Number(s): 2022/336940

JUDGMENT – Ex tempore revised

Leaum Doolan is before the Court today for sentence for two serious offences:

Aggravated Break and Enter: s 112(2) Crimes Act1900 (NSW); and

Break and Enter Dwelling and Steal: s 112(1) Crimes Act.

There is a related matter of Take and Drive a Conveyance, the result of the second burglary, I will take it into account on a Form 1: s 154A(1) Crimes Act.
Doolan was released to parole shortly before the commission of these offences on 9 September 2022. His response to parole was not good.
On 7 November 2022 a man living in Thirroul saw a man, later identified as Doolan, attempting to enter his garage. The man made some excuses for being there and then left. But soon after the owner noticed his garage keys were missing. He also saw that his garage was partly open. The keys were never recovered.
On the same day a woman locked up her home in Helensburgh and left for the day. On her return she found that her premises had been broken into. Her car keys and some cigarettes had been taken. The keys were…

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 Doolan (No 2)

Details

AGLC: R v Doolan (No 2) [2023] NSWDC 600
Case: [2023] NSWDC 600
Decision Date: 07 December 2023

CaseChat Overview and Summary

The case of R v Doolan (No 2) involved the defendant, Doolan, who was facing charges related to property offences, specifically breaking and entering, and committing a serious indictable offence. The matter was heard in a court of appropriate jurisdiction. The central dispute revolved around the appropriate sentence to be imposed on Doolan, taking into account various aggravating and mitigating factors.

The court was tasked with determining the appropriate sentence, considering the serious nature of the offences, the fact that they were committed while Doolan was on parole, and his failure to adhere to bail conditions. Additionally, the court had to weigh the mitigating factors such as Doolan's pleas of guilty, his age, history of childhood deprivation, experiences of abuse in juvenile custody, long history of offending, institutionalisation, mental illness, and other special circumstances.

In rendering its decision, the court acknowledged the gravity of Doolan's actions but also recognised the significant mitigating factors present in his case. The court considered his age, background, and mental health issues, which led to a sentencing decision that, while acknowledging the seriousness of the offence, placed it near the lower end of the range. Consequently, the court imposed an aggregate imprisonment sentence of 2 years and 11 months, with a non-parole period of 1 year and 8 months.

No further orders were made beyond the sentence handed down.

Orders

Orders of the court

Aggregate imprisonment sentence of 2 years 11 months with a non‑parole period of 1 year and 8 months

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Doolan (No 2) [2023] NSWDC 600
Hearing dates:	6 October 2023 and 7 December 2023
Date of orders:	7 December 2023
Decision date:	07 December 2023
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate imprisonment sentence of 2 years 11 months with a non‑parole period of 1 year and 8 months
Catchwords:	CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation — Offences committed while on parole — Failure to keep to conditions of s 11 bail SENTENCING — Penalties — Imprisonment — Intensive Correction Order not imposed — Community safety SENTENCING — Mitigating factors — Pleas of guilty SENTENCING — Subjective considerations on sentence — Age of offender — Childhood deprivation — Abused in juvenile custody — Long history of offending — Institutionalisation — Mental illness — Special circumstances SENTENCING — Relevant factors on sentence — Form 1 offence — Serious offending but near bottom of range
Legislation Cited:	Crimes Act1900 (NSW)
Cases Cited:	Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Hoskins v R [2021] NSWCCA 169 Jackson v R [2010] NSWCCA 162 Jinnette v R [2012] NSWCCA 217 Kentwell v R (No 2) [2015] NSWCCA 96 Ponfield v R [1999] NSWCCA 435; (1999) 48 NSWLR 327 R v Doolan [2023] NSWDC 472 R v Doolan (No 2) [2010] NSWSC 194 R v Fernando (1992) 76 A Crim R 58 R v Hookey [2018] NSWCA 147 R v Huynh [2005] NSWCCA 220 R v Lewis [2014] NSWSC 1127 Veen v The Queen (No 2) [1988] HCA 14
Category:	Sentence
Parties:	Leaum Doolan (the offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: T McKenzie (for the offender) Solicitors: Legal Aid NSW (for the offender) J Azard for Public Prosecutions (NSW) (Crown)
File Number(s):	2022/336940