R v Farrell - [2019] NSWDC 835

District Court

New South Wales

Medium Neutral Citation: R v Farrell [2019] NSWDC 835
Hearing dates: 3 October 2019
Decision date: 10 October 2019
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Special circumstances found to take into account total time in custody since 5 July 2017.
Indicative sentences of imprisonment:
005 + Form 1 (2017/00203515 004): 2 years & 4 months
006: 2 years & 6 months
Aggregate sentence:
Sentenced to a term of imprisonment for 3 years, comprising a NPP of 1 year & 6 months to commence on 2/9/19 and to expire on 1/3/21, and a balance of term of 1 year and 6 months to commence on 2/3/21 and to expire on 1/9/22.

Catchwords: CRIMINAL – Sentence - cause detriment to potential witnesses – Form 1 - contravening a prohibition/restriction in a domestic violence order – offender in custody while offences were being committed at his direction – publication on Instagram account of material relating to and identifying police informer – effect on victims, police and community – subjective matters
Legislation Cited: Crimes Act 1900
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Bugmy v The Queen [2013] HCA 37
Callaghan v The Queen (2006) 160 A Crim R 145
Hutchen v The Queen [2015] NSWCCA 101
R v Fernando (1992) 76 A Crim R 58
Category: Sentence
Parties: Regina
Farrell, Lance
Representation: Counsel:
Offender: Mr S Howell
Solicitors:
Crown: Ms J Jayasuriya,
Mr N Morrissey
Offender: Mr C Cole

File Number(s): 2019/00011617
Publication restriction: NPO in respect of the names of the victims

Judgment

Lance Farrell appears for sentence in respect of two offences, each being an offence of cause detriment to a potential witness, in one case, [TJ], and the other, [LB]. Each is an offence contrary to s 326(2) of the Crimes Act 1900. There is a maximum penalty provided in relation to such offences of ten years’ imprisonment, and there is no relevant standard non‑parole period.
In addition, when being sentenced in respect of the offence relating to [TJ], the offender askes the Court to take into account a further offence contained on a Form 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999, and that is an offence of contravening a prohibition/restriction in a domestic violence order, contrary to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007. The maximum penalty provided for that offence is two years’ imprisonment or a fine of 50 penalty units.
The offender was committed for trial on 20 June 2019 from Central Local Court, and the plea of guilty was entered on 6 September 2019 in the Sydney District Court, the plea having been entered after committal and more than 14 days prior to trial, the offender is entitled to a 10% discount for the utility of the plea alone, which will be provided in relation to each of the offences.
The facts are agreed and are as follows:
The offender was…

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 Farrell

Details

AGLC: R v Farrell [2019] NSWDC 835
Case: [2019] NSWDC 835
Decision Date: 10 October 2019

CaseChat Overview and Summary

The case of R v Farrell involved the defendant, Farrell, who was convicted on multiple counts of criminal activity. The charges included contravening a prohibition/restriction in a domestic violence order, causing detriment to potential witnesses, and publishing material on Instagram that identified a police informer. The defendant was already in custody when these offences were committed, and they were carried out at his direction. The court was tasked with considering the impact of these actions on the victims, the police, and the broader community. The matter was heard in the Supreme Court of the relevant jurisdiction.

The primary legal issues before the court were whether the special circumstances surrounding the case warranted consideration in the sentencing process, and the appropriate aggregate sentence for the multiple offences. Special circumstances included the defendant's total time in custody since 5 July 2017, which was to be taken into account. The court also had to consider the subjective matters surrounding the detrimental effect of the defendant's actions on potential witnesses, the police, and the community.

The court found that special circumstances did apply, given the defendant's continuous custody. The indicative sentences for the individual offences were calculated, with consideration given to the cumulative impact of the crimes. The court determined that an aggregate sentence was appropriate, taking into account the totality of the offences and their impact. The court sentenced the defendant to a total term of imprisonment of 3 years, consisting of a non-parole period of 1 year and 6 months, followed by a balance of 1 year and 6 months. The sentence was set to commence on specific dates, with adjustments made to reflect the defendant's prior custody.

The final orders of the court included the defendant being sentenced to imprisonment for a total of 3 years, with specific commencement and expiration dates for the non-parole period and the balance of the term. This decision provided a comprehensive framework for the defendant's incarceration, reflecting the severity of the offences and the need for deterrence and rehabilitation.

Orders

Orders of the court

Convicted.

Special circumstances found to take into account total time in custody since 5 July 2017.

Indicative sentences of imprisonment:

005 + Form 1 (2017/00203515 004): 2 years & 4 months

006: 2 years & 6 months

Aggregate sentence:

Sentenced to a term of imprisonment for 3 years, comprising a NPP of 1 year & 6 months to commence on 2/9/19 and to expire on 1/3/21, and a balance of term of 1 year and 6 months to commence on 2/3/21 and to expire on 1/9/22.

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 Farrell [2019] NSWDC 835
Hearing dates:	3 October 2019
Decision date:	10 October 2019
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Special circumstances found to take into account total time in custody since 5 July 2017. Indicative sentences of imprisonment: 005 + Form 1 (2017/00203515 004): 2 years & 4 months 006: 2 years & 6 months Aggregate sentence: Sentenced to a term of imprisonment for 3 years, comprising a NPP of 1 year & 6 months to commence on 2/9/19 and to expire on 1/3/21, and a balance of term of 1 year and 6 months to commence on 2/3/21 and to expire on 1/9/22.
Catchwords:	CRIMINAL – Sentence - cause detriment to potential witnesses – Form 1 - contravening a prohibition/restriction in a domestic violence order – offender in custody while offences were being committed at his direction – publication on Instagram account of material relating to and identifying police informer – effect on victims, police and community – subjective matters
Legislation Cited:	Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen [2013] HCA 37 Callaghan v The Queen (2006) 160 A Crim R 145 Hutchen v The Queen [2015] NSWCCA 101 R v Fernando (1992) 76 A Crim R 58
Category:	Sentence
Parties:	Regina Farrell, Lance
Representation:	Counsel: Offender: Mr S Howell Solicitors: Crown: Ms J Jayasuriya, Mr N Morrissey Offender: Mr C Cole
File Number(s):	2019/00011617
Publication restriction:	NPO in respect of the names of the victims