R v Haggart and Brooks - [2021] NSWDC 406

District Court

New South Wales

Medium Neutral Citation: R v Haggart and Brooks [2021] NSWDC 406
Hearing dates: 18/11/20, 28/1/20, 7/5/21, 25/5/21
Date of orders: 25/5/21
Decision date: 25 May 2021
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Haggart:
Convicted and sentenced to an aggregate term of imprisonment of 7 years 10 months with a NPP of 4 years 10 months (25/7/20-24/5/25).
I find special circumstances.
The indicative sentences are (25 percent discount for plea for each):
GBH with intent – 6 years with NPP 3 years 8 months (Form 1 taken into account).
Aggravated robbery – 3 years
Possess unauthorised pistol – 2 years 6 months with NPP 1 year 6 months.
Brooks:
Convicted and sentenced to imprisonment for a term of 6 years 6 months with a NPP of 4 years (25/6/20-24/6/24).
I find special circumstances.
I take the Form 1 into account.
5 percent discount for plea.

Catchwords:
Crime – Sentence – Aggravated robbery – Possess unauthorised pistol – Causing grievious bodily harm with intent

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Firearms Act 1996

Cases Cited:
Azzi v R [2008] NSWCCA 169
Bugmy v The Queen [2013] 302 ALR 192
R v Henry [1999] 46 NSWLR 346

Category: Sentence
Parties: NSW DPP – Crown
Ryan Eric Haggart – Offender
Dean Aaron Brooks - Offender
Representation: Ms M Masanovic for Crown
Mr McGrath for Haggart
Mr Woodbury for Brooks

File Number(s): 2019/309197, 2020/132804, 2019/30928

sentence

Mr Ryan Haggart and Mr Dean Brooks are to be sentenced in relation to a number of offences. Mr Haggart is to be sentenced for three offences arising out of two separate incidents, the first incident having occurred on 16 September 2019 which involved the following offences: Firstly, an offence of aggravated robbery under s 95(1) of the Crimes Act 1900 which attracts a maximum penalty of 20 years' imprisonment. Secondly, an offence under s 7(1) of the Firearms Act 1996 of possessing an authorised pistol which carries a maximum penalty of 14 years' imprisonment, as well as a standard non-parole period of four years. The third offence on which Mr Haggart is to be sentenced is one under s 33(1)(b) of the Crimes Act 1900 of causing grievous bodily harm with intent. That is an offence which carries a maximum penalty of 25 years' imprisonment and attracts a standard non-parole period of seven years.
Furthermore, in sentencing him for that offence he asks that I take into account on a Form 1 document a further three offences, being an offence of resist police in the execution of duty on 3 October 2019, an offence of aggravated break, enter and steal in company, also on 3 October 2019, and an offence of knowingly be carried in a conveyance without the consent of the owner between 30 September and 3 October 2019.
With respect to Mr Brooks, he is to be sentenced in relation to the same s 33(1)(b) offence of causing grievous bodily harm with intent, which attracts the…

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 Haggart and Brooks

Details

AGLC: R v Haggart and Brooks [2021] NSWDC 406
Case: [2021] NSWDC 406
Decision Date: 25 May 2021

CaseChat Overview and Summary

The case before the court involved two defendants, Haggart and Brooks, who were charged with multiple offences including aggravated robbery, possessing an unauthorised pistol, and causing grievous bodily harm with intent. The trial took place in an Australian court, where the defendants were convicted of their respective charges. The court was tasked with determining an appropriate sentence for each defendant, taking into account the nature and severity of the crimes committed.

The legal issues before the court included whether special circumstances existed that warranted a departure from the standard sentencing guidelines, and how to appropriately weigh the various offences committed by the defendants in determining an aggregate sentence. The court needed to consider the impact of the defendants' pleas on their sentences, as well as the need to balance the need for punishment and deterrence with the potential for rehabilitation. Additionally, the court had to consider the use of non-parole periods to ensure that the sentences imposed were proportionate to the crimes committed.

In delivering its judgment, the court found that special circumstances did exist in this case, which warranted a departure from the standard sentencing guidelines. The court determined that the indicative sentences for each offence should be subject to a 25 percent discount for Haggart due to his plea, and a 5 percent discount for Brooks. The court also took into account the fact that Haggart had taken a Form 1 into account, which is a statutory aggravating factor that can be considered in sentencing. After weighing all the factors, the court sentenced Haggart to an aggregate term of imprisonment of 7 years 10 months with a non-parole period of 4 years 10 months, and Brooks to a term of imprisonment of 6 years 6 months with a non-parole period of 4 years. The court's reasoning and outcome reflect a careful consideration of the nature and severity of the crimes committed, as well as the potential for rehabilitation and the need for punishment and deterrence.

The court's final orders were that Haggart be sentenced to an aggregate term of imprisonment of 7 years 10 months with a non-parole period of 4 years 10 months, and Brooks be sentenced to a term of imprisonment of 6 years 6 months with a non-parole period of 4 years. These sentences reflect the court's consideration of the various legal issues before it, including the need to balance punishment and deterrence with the potential for rehabilitation, and the impact of the defendants' pleas on their sentences. The court's decision provides important guidance for future cases involving similar offences and circumstances.

Orders

Orders of the court

Haggart:

Convicted and sentenced to an aggregate term of imprisonment of 7 years 10 months with a NPP of 4 years 10 months (25/7/20-24/5/25).

I find special circumstances.

The indicative sentences are (25 percent discount for plea for each):

GBH with intent – 6 years with NPP 3 years 8 months (Form 1 taken into account).

Aggravated robbery – 3 years

Possess unauthorised pistol – 2 years 6 months with NPP 1 year 6 months.

Brooks:

Convicted and sentenced to imprisonment for a term of 6 years 6 months with a NPP of 4 years (25/6/20-24/6/24).

I find special circumstances.

I take the Form 1 into account.

5 percent discount for plea.

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 Haggart and Brooks [2021] NSWDC 406
Hearing dates:	18/11/20, 28/1/20, 7/5/21, 25/5/21
Date of orders:	25/5/21
Decision date:	25 May 2021
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Haggart: Convicted and sentenced to an aggregate term of imprisonment of 7 years 10 months with a NPP of 4 years 10 months (25/7/20-24/5/25). I find special circumstances. The indicative sentences are (25 percent discount for plea for each): GBH with intent – 6 years with NPP 3 years 8 months (Form 1 taken into account). Aggravated robbery – 3 years Possess unauthorised pistol – 2 years 6 months with NPP 1 year 6 months. Brooks: Convicted and sentenced to imprisonment for a term of 6 years 6 months with a NPP of 4 years (25/6/20-24/6/24). I find special circumstances. I take the Form 1 into account. 5 percent discount for plea.
Catchwords:	Crime – Sentence – Aggravated robbery – Possess unauthorised pistol – Causing grievious bodily harm with intent
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996
Cases Cited:	Azzi v R [2008] NSWCCA 169 Bugmy v The Queen [2013] 302 ALR 192 R v Henry [1999] 46 NSWLR 346
Category:	Sentence
Parties:	NSW DPP – Crown Ryan Eric Haggart – Offender Dean Aaron Brooks - Offender
Representation:	Ms M Masanovic for Crown Mr McGrath for Haggart Mr Woodbury for Brooks
File Number(s):	2019/309197, 2020/132804, 2019/30928