R v Garnett; R v Goodfellow - [2014] NSWDC 355

District Court

New South Wales

Medium Neutral Citation: R v Garnett; R v Goodfellow [2014] NSWDC 355
Hearing dates: 14, 15, 18 July 2014
Decision date: 20 August 2014
Jurisdiction: Criminal
Before: Payne DCJ
Decision:
GARNETT
Sentenced to a term of imprisonment of 5 years 5 months with a non-parole period of 3 years 2 months
GOODFELLOW
Total effective sentence of 8 years 9 months with a total effective non-parole period of 6 years comprised of the following:
Count 1: Sentenced to a term of imprisonment of 4 years 3 months with a non-parole period of 18 months
Count 2: Sentenced to a term of imprisonment of 7 years 2 months with a non-parole period of 4 years 8 months
Count 3: Sentenced to a term of imprisonment of 3 years 7 months with a non-parole period of 2 years 3 months
Catchwords: CRIMINAL LAW – sentence – armed robbery – co-offenders - parity
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Firearms Act 1996 (NSW)
Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Bichar v R [2006] NSWCCA 1
Hamze v R [2006] NSWCCA 36
Jackson v R [2010] NSWCCA 162
Muldrock v The Queen [2011] HCA 39; 244 CLR 120; 212 A Crim R 254
R v Campbell [2014] NSWCCA 102
R v Henry (1999) 46 NSWLR 346
R v McNaughton (2006) NSWLR 566; 163 A Crim R 381
R v Newell [2004] NSWCCA 183
R v Speeding [2001] NSWCCA 105; 121 A Crim R 426
Simpson v R [2014] NSWCCA 23
Thewlis v R [2008] NSWCCA 176; 186 A Crim R 279
Category: Sentence
Parties: Regina (Crown)
Maxwell Derek Garnett (Offender)
Paul Goodfellow (Offender)
Representation:
Counsel:
P Givorshner (Offender Garnett)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Blair Criminal Lawyers (Offender Garnett)
Legal Aid NSW (Offender Goodfellow)

File Number(s): 2013/001745862013/00174591
Publication restriction: Residential addresses anonymised; telephone numbers partially obscured.

SENTENCE

MAXWELL DEREK GARNETT

On 12 February 2014, Maxwell Derek Garnett was committed for sentence following a plea of guilty to one offence. That offence is as follows: that he, on 4 May 2013, at Hazelbrook in the State of New South Wales, did rob employee Sharon Snelling of certain property, to wit, $10,070 in assorted Australian currency the property of Hazelbrook Bowling and Sporting Club, whilst being then armed with a dangerous weapon, to wit, a shortened .22 calibre pump action Winchester rifle.
The offence is contrary to s 97(2) Crimes Act 1900 (NSW). A maximum penalty of imprisonment for 25 years is prescribed.
I convict Mr Garnett of this offence.

PLEA OF GUILTY

The plea was entered in the Local Court and the prisoner is entitled to a 25 percent reduction for utilitarian considerations only.
In addition, I am of the view he is entitled to the mitigating factor of remorse found in s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999 (NSW). I am satisfied of both limbs.
I find this because…

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.

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Details

Case: [2014] NSWDC 355
Decision Date: 20 August 2014

CaseChat Overview and Summary

In the case of R v Garnett; R v Goodfellow, the appellants were convicted of armed robbery. The court was tasked with determining an appropriate sentence for each appellant, considering the aggravating and mitigating factors of the crime and the role each played in the offence. The primary legal issue was to ensure that the sentences were proportionate to the gravity of the crime and that the principle of parity was observed in sentencing co-offenders.

The court examined the role of each appellant in the armed robbery, assessing the level of involvement, planning, and the use of a weapon. The sentencing judge considered the necessity of deterrence and the need to protect the community. The court also took into account the appellants' prior criminal history, their age, and the possibility of rehabilitation. The principle of parity was crucial, as it requires that co-offenders receive sentences that reflect their individual culpability and contribution to the crime.

In determining the sentences, the court weighed the severity of the armed robbery and the appellants' roles within it. The judge sentenced Garnett to a term of imprisonment of 5 years and 5 months, with a non-parole period of 3 years and 2 months. For Goodfellow, the court imposed a total effective sentence of 8 years and 9 months, with a total effective non-parole period of 6 years, broken down across three counts. The court considered the specific circumstances of each count, resulting in varying terms and non-parole periods for each.

The final orders were that Garnett would serve a term of imprisonment of 5 years and 5 months with a non-parole period of 3 years and 2 months. Goodfellow received a total effective sentence of 8 years and 9 months with a total effective non-parole period of 6 years, distributed across three counts with specific terms and non-parole periods for each count.

Orders

Orders of the court

GARNETT

Sentenced to a term of imprisonment of 5 years 5 months with a non-parole period of 3 years 2 months

GOODFELLOW

Total effective sentence of 8 years 9 months with a total effective non-parole period of 6 years comprised of the following:

Count 1: Sentenced to a term of imprisonment of 4 years 3 months with a non-parole period of 18 months

Count 2: Sentenced to a term of imprisonment of 7 years 2 months with a non-parole period of 4 years 8 months

Count 3: Sentenced to a term of imprisonment of 3 years 7 months with a non-parole period of 2 years 3 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 Garnett; R v Goodfellow [2014] NSWDC 355
Hearing dates:	14, 15, 18 July 2014
Decision date:	20 August 2014
Jurisdiction:	Criminal
Before:	Payne DCJ
Decision:	GARNETT Sentenced to a term of imprisonment of 5 years 5 months with a non-parole period of 3 years 2 months GOODFELLOW Total effective sentence of 8 years 9 months with a total effective non-parole period of 6 years comprised of the following: Count 1: Sentenced to a term of imprisonment of 4 years 3 months with a non-parole period of 18 months Count 2: Sentenced to a term of imprisonment of 7 years 2 months with a non-parole period of 4 years 8 months Count 3: Sentenced to a term of imprisonment of 3 years 7 months with a non-parole period of 2 years 3 months
Catchwords:	CRIMINAL LAW – sentence – armed robbery – co-offenders - parity
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW)
Cases Cited:	Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Bichar v R [2006] NSWCCA 1 Hamze v R [2006] NSWCCA 36 Jackson v R [2010] NSWCCA 162 Muldrock v The Queen [2011] HCA 39; 244 CLR 120; 212 A Crim R 254 R v Campbell [2014] NSWCCA 102 R v Henry (1999) 46 NSWLR 346 R v McNaughton (2006) NSWLR 566; 163 A Crim R 381 R v Newell [2004] NSWCCA 183 R v Speeding [2001] NSWCCA 105; 121 A Crim R 426 Simpson v R [2014] NSWCCA 23 Thewlis v R [2008] NSWCCA 176; 186 A Crim R 279
Category:	Sentence
Parties:	Regina (Crown) Maxwell Derek Garnett (Offender) Paul Goodfellow (Offender)
Representation:	Counsel: P Givorshner (Offender Garnett) Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Offender Garnett) Legal Aid NSW (Offender Goodfellow)
File Number(s):	2013/001745862013/00174591
Publication restriction:	Residential addresses anonymised; telephone numbers partially obscured.