R v Eden - [2021] NSWDC 623

District Court

New South Wales

Medium Neutral Citation: R v EDEN [2021] NSWDC 623
Hearing dates: 13 October 2021
Date of orders: 19 November 2021
Decision date: 19 November 2021
Jurisdiction: Criminal
Before: Lerve DCJ
Decision:
Sentenced – see [69]-[73]

Catchwords:
CRIME – armed robbery with wounding – plea of guilty – co-offender lured victim to home via Facebook – offender threatened victim with a knife to throat – intentional wounding
SENTENCING – guideline judgment of Henry – limited criminal history – Bugmy factors – remorseful – good prospects of rehabilitation

Legislation Cited:
Children (Criminal Proceedings) Act, 1987
Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999

Cases Cited:
Bugmy v The Queen [2013] HCA 37
Clark-Jeffries v R [2019] NSWCCA 56
Dungay v R [2020] NSWCCA 209
Locke v R (2010) 207 A Crim R 34
R v Carroll [2008] NSWCCA 218
R v Dodd 57 A Crim R 349
R v Henry & Ors (1999) 46 NSWLR 346
R v Tuala [2015] NSWCCA 8

Category: Sentence
Parties: Regina
Hayden Eden
Representation:
Counsel:
Ms T Warwick (for the Offender)
Solicitors:
Mr A Dixon, Office of Director of Public Prosecutions
Ms K Bolas, Kim Bolas Legal Group (for the Offender)

File Number(s): 2020/159322
Publication restriction: No

Judgment

The offender was committed for sentence from the Wagga Wagga Local Court on 14 April 2021 in respect of the following charge contrary to s 98 of the Crimes Act, 1900:

"(That he) on 30 March 2018 in Ashmont in the State of New South Wales being armed with an offensive weapon namely a knife robbed Peter Morris of approximately $55 in Australian currency the property of Peter Morris and immediately before that robbery wounded Peter Morris".

The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 13 October 2021. Accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.
The maximum penalty for the offence is 25 years imprisonment. Parliament has specified a standard non-parole period of 7 years in respect of the offence. The maximum penalty and the standard non-parole period indicates the seriousness with which the Parliament views the offence.

Facts

The facts are before the court by way of a set of agreed facts. The offender was almost 21 years of age at the time of the offending and the victim was 19. In the days leading up to 30 March 2019 the victim was messaging Jalissa Williams via Facebook messenger. While the two of them were Facebook friends, they had never met in person.
Shortly before 10pm on 30 March 2018 the pair exchanged messages and during the course of those messages the victim agreed to attend Williams' home to provide her with $50 cash. In return the victim expected that they would be engaging in some type of sexual activity. The offender was at Williams' home during this exchange of messages.
At about 10.25 the victim drove…

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 Eden

Details

AGLC: R v Eden [2021] NSWDC 623
Case: [2021] NSWDC 623
Decision Date: 19 November 2021

CaseChat Overview and Summary

In the matter of the Regina versus Eden, the defendant pleaded guilty to armed robbery with wounding. The incident involved the defendant and a co-offender luring the victim to a residence through Facebook. Once there, the defendant threatened the victim with a knife to their throat, causing intentional wounding. The case was heard in the relevant court, where the primary focus was on the sentencing of the defendant.

The court was tasked with determining the appropriate sentence, considering the nature of the crime and the defendant's background. Key legal issues included the gravity of the offence, the defendant's limited criminal history, and the factors outlined in the Bugmy case. Additionally, the court assessed the defendant's remorse and prospects for rehabilitation as mitigating factors.

In delivering the judgment, the court first examined the severity of the armed robbery with wounding, noting the premeditated nature and the use of a knife. It then considered the Bugmy factors, recognising the defendant's limited criminal history and the presence of remorse. The court also highlighted the defendant's good prospects for rehabilitation. Weighing these factors, the court determined an appropriate sentence that balanced the need for punishment with the potential for the defendant's rehabilitation.

The court concluded by imposing a sentence that reflected the seriousness of the crime while also considering the mitigating factors. The specific details of the sentence are outlined in paragraphs [69] to [73] of the judgment.

Orders

Orders of the court

Sentenced – see [69]-[73]

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 EDEN [2021] NSWDC 623
Hearing dates:	13 October 2021
Date of orders:	19 November 2021
Decision date:	19 November 2021
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	Sentenced – see [69]-[73]
Catchwords:	CRIME – armed robbery with wounding – plea of guilty – co-offender lured victim to home via Facebook – offender threatened victim with a knife to throat – intentional wounding SENTENCING – guideline judgment of Henry – limited criminal history – Bugmy factors – remorseful – good prospects of rehabilitation
Legislation Cited:	Children (Criminal Proceedings) Act, 1987 Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999
Cases Cited:	Bugmy v The Queen [2013] HCA 37 Clark-Jeffries v R [2019] NSWCCA 56 Dungay v R [2020] NSWCCA 209 Locke v R (2010) 207 A Crim R 34 R v Carroll [2008] NSWCCA 218 R v Dodd 57 A Crim R 349 R v Henry & Ors (1999) 46 NSWLR 346 R v Tuala [2015] NSWCCA 8
Category:	Sentence
Parties:	Regina Hayden Eden
Representation:	Counsel: Ms T Warwick (for the Offender) Solicitors: Mr A Dixon, Office of Director of Public Prosecutions Ms K Bolas, Kim Bolas Legal Group (for the Offender)
File Number(s):	2020/159322
Publication restriction:	No