R v Hall; Hall v The Queen - [2015] NSWDC 359

District Court

New South Wales

Medium Neutral Citation: R v Hall; Hall v R [2015] NSWDC 359
Decision date: 15 October 2015
Jurisdiction: Criminal
Before: Cogswell SC DCJ
Decision:
In respect of the failure to comply with a condition of a good behaviour bond, under s 98(2) of the Crimes (Sentencing Procedure) Act 1999 no action is to be taken for the failure to comply.

In respect of the appeals against sentence under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set aside and the following sentences are imposed:

For the offence of contravening an apprehended violence order, under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.

For the offence of intimidation a sentence of 4 months imprisonment is fixed, to date from 29 April 2015 and to expire on 28 August 2015.

For the offence of assault occasioning actual bodily harm a sentence of 6 months imprisonment is fixed to commence on 29 April 2015 and to expire on 28 October 2015.

For the two offences of aggravated break, enter and steal an aggregate sentence of 3 years and 6 months is imposed, to commence on 29 July 2015 and to expire on 28 January 2019. A non-parole period of 1 year and 9 months is fixed.
Direction under s 97 of the Victims (Crime and Support) Act 2001 that $18,656 be paid out of the property of the offender to Crawford & Company (Australia) Pty Ltd.
For the offence of driving a motor vehicle whilst suspended under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.
Catchwords: CRIMINAL LAW – Sentence – particular offence – aggravated break enter and steal – in company – break in – residential premises – ram raid – commercial premises – aggregate sentence – gravity of offences – low to mid-range of objective seriousness – principle of totality – course of continuing conduct – nature and circumstances of offender – unstable background – acknowledged that offending related to alcohol abuse – accepts responsibility – remorse – on conditional liberty at time of offending – fair prospects of rehabilitation – special circumstances for altering the ratio between head sentence and non-parole period – youth of offender – first time in adult custody – need for assistance in the community – accumulation of sentences – pleas of guilty at earliest available opportunity – combined 40% discount – Form 1 for offence of stealing a motor vehicle taken into account – appeals against sentence – breach of bond – matters heard together
Legislation Cited: Crimes Act 1900 (NSW), ss 59, 112
Crimes (Appeal and Review) Act 2001 (NSW), s 20
Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13, 14
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 98(2)(a)
Victims (Crime and Support) Act 2001 (NSW), s 97
Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
McGeown…

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: [2015] NSWDC 359
Decision Date: 15 October 2015

CaseChat Overview and Summary

The case of R v Hall; Hall v The Queen involved an individual, Hall, who faced multiple criminal charges and subsequently appealed against his sentences. The primary issues before the court were the appropriate sentences for Hall's various criminal activities, including contravention of an apprehended violence order, intimidation, assault occasioning actual bodily harm, aggravated break, enter and steal, and driving a motor vehicle while suspended. Hall also faced a breach of his good behaviour bond. The court had to consider the gravity of each offence, the principle of totality, and the circumstances of Hall's background and offending.

The court was required to determine the appropriate aggregate sentence for Hall's offences, taking into account the seriousness of each crime, the principle of totality, and the need to balance the head sentence with the non-parole period. The court also had to consider special circumstances that might warrant altering the ratio between the head sentence and the non-parole period, such as Hall's youth, his first-time status in adult custody, and his prospects for rehabilitation. Additionally, the court needed to address the breach of Hall's good behaviour bond and determine whether any further penalties were warranted for this breach.

In its reasoning, the court acknowledged the various mitigating factors present in Hall's case, including his unstable background, his acknowledgment of alcohol abuse as a contributing factor to his offending, his acceptance of responsibility, and his remorse. The court also considered the principle of totality and the need to balance the sentences for all the offences. Ultimately, the court set aside the original sentences and imposed new sentences for each offence, with specific non-parole periods and fines. The court also directed that no further action be taken for the breach of the good behaviour bond.

The final orders of the court included setting aside the original sentences and imposing new sentences for each offence, with specific non-parole periods and fines. The court also directed that no further action be taken for the breach of the good behaviour bond and ordered Hall to pay a specified amount to a victim compensation scheme.

Orders

Orders of the court

In respect of the failure to comply with a condition of a good behaviour bond, under s 98(2) of the Crimes (Sentencing Procedure) Act 1999 no action is to be taken for the failure to comply.

In respect of the appeals against sentence under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set aside and the following sentences are imposed:

For the offence of contravening an apprehended violence order, under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.

For the offence of intimidation a sentence of 4 months imprisonment is fixed, to date from 29 April 2015 and to expire on 28 August 2015.

For the offence of assault occasioning actual bodily harm a sentence of 6 months imprisonment is fixed to commence on 29 April 2015 and to expire on 28 October 2015.

For the two offences of aggravated break, enter and steal an aggregate sentence of 3 years and 6 months is imposed, to commence on 29 July 2015 and to expire on 28 January 2019. A non-parole period of 1 year and 9 months is fixed.

Direction under s 97 of the Victims (Crime and Support) Act 2001 that $18,656 be paid out of the property of the offender to Crawford & Company (Australia) Pty Ltd.

For the offence of driving a motor vehicle whilst suspended under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Hall; Hall v R [2015] NSWDC 359
Decision date:	15 October 2015
Jurisdiction:	Criminal
Before:	Cogswell SC DCJ
Decision:	In respect of the failure to comply with a condition of a good behaviour bond, under s 98(2) of the Crimes (Sentencing Procedure) Act 1999 no action is to be taken for the failure to comply. In respect of the appeals against sentence under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set aside and the following sentences are imposed: For the offence of contravening an apprehended violence order, under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty. For the offence of intimidation a sentence of 4 months imprisonment is fixed, to date from 29 April 2015 and to expire on 28 August 2015. For the offence of assault occasioning actual bodily harm a sentence of 6 months imprisonment is fixed to commence on 29 April 2015 and to expire on 28 October 2015. For the two offences of aggravated break, enter and steal an aggregate sentence of 3 years and 6 months is imposed, to commence on 29 July 2015 and to expire on 28 January 2019. A non-parole period of 1 year and 9 months is fixed. Direction under s 97 of the Victims (Crime and Support) Act 2001 that $18,656 be paid out of the property of the offender to Crawford & Company (Australia) Pty Ltd. For the offence of driving a motor vehicle whilst suspended under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.
Catchwords:	CRIMINAL LAW – Sentence – particular offence – aggravated break enter and steal – in company – break in – residential premises – ram raid – commercial premises – aggregate sentence – gravity of offences – low to mid-range of objective seriousness – principle of totality – course of continuing conduct – nature and circumstances of offender – unstable background – acknowledged that offending related to alcohol abuse – accepts responsibility – remorse – on conditional liberty at time of offending – fair prospects of rehabilitation – special circumstances for altering the ratio between head sentence and non-parole period – youth of offender – first time in adult custody – need for assistance in the community – accumulation of sentences – pleas of guilty at earliest available opportunity – combined 40% discount – Form 1 for offence of stealing a motor vehicle taken into account – appeals against sentence – breach of bond – matters heard together
Legislation Cited:	Crimes Act 1900 (NSW), ss 59, 112 Crimes (Appeal and Review) Act 2001 (NSW), s 20 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13, 14 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 98(2)(a) Victims (Crime and Support) Act 2001 (NSW), s 97
Cases Cited:	Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 McGeown…