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R v Hammond

R v Hammond

Case [2020] NSWSC 888 10 July 2020

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Hammond [2020] NSWSC 888
Hearing dates: 9 July 2020
Date of orders: 10 July 2020
Decision date: 10 July 2020
Jurisdiction: Common Law
Before: Payne J
Decision:
(1) an aggregate sentence of imprisonment of 4 years is imposed;
(2) under s 19AB(2) of the Crimes Act 1914 (Cth) a single non-parole period of 2 years and 6 months is fixed;
(3) the sentence and non-parole period to date from 9 July 2020. The head sentence expires on 8 July 2024. The offender is first eligible for parole on 8 January 2023.

Catchwords:
CRIMINAL LAW – sentence – federal offenders – conspiracy to cause loss to the Commonwealth –
money laundering conspiracy – aggregate sentence – objective seriousness just below the mid-range – significant loss to the Commonwealth – persistent course of conduct – early plea of guilty – [redacted] – excellent prospects of rehabilitation

Legislation Cited:
Crimes Act 1914 (Cth), Pt IB, ss 16A(1), 16A(2), [redacted], 17A, 19AB(2)
Crimes (Sentencing Procedure) Act1999 (NSW), s 53A
Criminal Code Act 1995 (Cth), Schedule ss 11.5(1), 135.4(3), 400.3(1)
Evidence Act1995 (NSW), s 191
Proceeds of Crime Act 2002 (Cth), ss 320(b), 320(d)

Cases Cited:
Dickson v R [2016] NSWCCA 105
Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301; (2017) 270 A Crim R 556
Director of Public Prosecutions (Cth) v Gregory (2011) 34 VR 1; [2011] VSCA 145
Ha v R [2008] NSWCCA 141
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
Issakidis v The Queen [2019] NSWCCA 302
Kannis v R [2020] NSWCCA 79
Kristensen v R [2018] NSWCCA 189
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Ngo v R [2018] NSWCCA 296
Putland v The Queen (2008) 218 CLR 174; [2004] HCA 8
R v Agius; R v Zerafa [2012] NSWSC 978; (2012) 87 ATR 528
R v Anthony James Dickson (No 18) [2015] NSWSC 268
R v Glynatsis [2013] NSWCCA 131; (2013) 230 A Crim R 99
R v Hawkins (1989) 45 A Crim R 430
R v Huang; R v Siu [2007] NSWCCA 259; (2007) 174 A Crim R 370
R v Issakidis [2018] NSWSC 378
R v Kitson [2019] NSWSC 1109
R v Ly [2014] NSWCCA 78; (2014) 241 A Crim R 192
R v Moon [2000] NSWCCA 534; (2000) 117 A Crim R 497
R v O’Leary (District Court (NSW), 4 June 2020, unrep)
R v Olbrich (1999) 199 CLR 270; [1999] HCA 54
R v Paul (District Court (NSW), 21 February 2020, unrep)
Tyler v R; R v Chalmers [2007] NSWCCA 247; (2007) 173 A Crim R 458
Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4

Category: Sentence
Parties: Regina (Crown)
Devyn Michelle Hammond (Offender)
Representation:
Counsel:
R Sharp (Crown)
C Smith SC (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Morrisons Law (Offender)

File Number(s): 2017/148649
Publication…

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 Hammond

Details

AGLC: Decision restricted [2020] NSWSC 888
Case: [2020] NSWSC 888
Decision Date: 10 July 2020

CaseChat Overview and Summary

The case of R v Hammond involved the accused, Hammond, and the Crown. The dispute centred on the sentencing of Hammond, who had pleaded guilty to conspiracy to cause loss to the Commonwealth and money laundering conspiracy. The case was heard in the High Court of Australia, which was called upon to determine the appropriate aggregate sentence for Hammond's crimes. The Crown argued for a sentence that reflected the significant loss caused to the Commonwealth and the persistent nature of Hammond's criminal conduct. Hammond, on the other hand, sought a sentence that recognised his early guilty plea and his prospects for rehabilitation.

The central legal issue before the court was the determination of an appropriate aggregate sentence for Hammond's offences. The court had to consider the objective seriousness of the crimes, which was just below the mid-range, as well as the significant loss to the Commonwealth and the persistent course of conduct exhibited by Hammond. Additionally, the court needed to weigh the mitigating factors, including Hammond's early guilty plea and his excellent prospects for rehabilitation.

In delivering its judgment, the court first considered the objective seriousness of the crimes, which, while not at the highest end of the scale, was nonetheless significant. The court noted the substantial loss to the Commonwealth and the persistent nature of Hammond's criminal conduct. However, the court also acknowledged the mitigating factors, such as Hammond's early guilty plea and his prospects for rehabilitation. Balancing these considerations, the court determined that an aggregate sentence just below the mid-range was appropriate. This reflected the objective seriousness of the crimes while also taking into account the mitigating factors.

The court's final orders were that Hammond be sentenced to a term of imprisonment with an aggregate sentence just below the mid-range, reflecting the seriousness of the crimes, the loss to the Commonwealth, and Hammond's prospects for rehabilitation. The court also noted that the sentence should allow for the possibility of parole, given Hammond's early guilty plea and his prospects for rehabilitation.

Orders