R v Green

[2021] NSWDC 362

District Court

New South Wales

Medium Neutral Citation:

R v Green [2021] NSWDC 362

Hearing dates:

25 May 2021

Decision date:

25 May 2021

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Sentenced to a term of imprisonment of 6 years 7 months. Non parole period of 3 years 4 months.

Catchwords:

CRIME- Take/detain in company with intent to get advantage occasion actual bodily harm

SENTENCING - Relevant factors on sentence – late guilty plea – objectively serious detention - assault on victim - offence in company - young immature offender - background of disadvantage - long term drug user - parity with young offenders - bailed to rehabilitation facility - quasi custody - demonstrated progress toward rehabilitation - special circumstances

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Afu v R [2017] NSWCCA 246

Bugmy v The Queen (2013) 249 CLR 571;[2013] HCA 37

Green v The Queen (2011) 244CLR 462; [2011] HCA 49

Henry v R [1999] NSWCCA111; (1999) 46 NSWLR 346

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v Boney [2001] NSWCCA 432R v Lister [2021] NSWDC 132

R v Guinness (a pseudonym) [2021] NSWDC 57

R v Herring (1956) 73 WN (NSW) 203

R v Owen (a pseudonym) [2020] NSWDC 791

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704

R v Windle [2012] NSWCCA 222

R v Wong [2003] NSWCCA 247

Ryan v The Queen (2001) 206 CLR 267; [2001] HCA 21

Category:

Sentence

Parties:

Bradley Green (the offender)
Director of Public Prosecutions

Representation:

Solicitors:
Ms E Parkes, Solicitor Advocate Legal Aid NSW (for the offender)
Mr L McGonigal (for Director of Public Prosecutions)

File Number(s):

2019/00325410

Publication restriction:

Non publication order: I confirm the Non publication order made for the juvenile co-accused Guinness (a pseudonym) and Owen (a pseudonym)

sentence – ex tempore revised

1. Shortly before the date fixed for his trial Bradley Green asked to be re‑indicted. He pleaded guilty to an offence of detain for advantage while in company and occasioning actual bodily harm on his victim, a young man: s 86(3) Crimes Act 1900. That offence carries a maximum penalty of 25 years imprisonment. That maximum penalty is one important guide to the exercise of my sentencing discretion.

2. With one exception, there are agreed facts before the Court. Ms Lister had allowed the victim to stay at her rented residence in Lake Illawarra as he was homeless. He and Ms Lister had a number of associates who were either homeless or transient and involved in the heavy use of illicit drug including methylamphetamine. They all lived in a fairly desperate, hand-to-mouth existence. Many had been either on the streets or couch surfing since they were young teenagers. Green was one of that group, although in this matter, the oldest.

3. Green was aged 24 at the time of the offence but given all the material before me his chronological age was not a measure of his true…