Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Honeysett (No 2) (Sentence) [2023] NSWSC 103 Hearing dates: 13 and 14 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Mr Honeysett is sentenced to a period of imprisonment of 1 year and 6 months commencing on 10 October 2020 and expiring on 9 April 2022, with a non-parole period of 1 year commencing on 10 October 2020 and expiring on 9 October 2021.
Catchwords: CRIMINAL LAW – sentencing – attempted robbery in company – cognitively impaired offender – limited role in planning – significant role in attack – use of weapons – serious example of robbery in company – where victim died of stab wounds inflicted by co-offender – where murder charge withdrawn on entry of plea – death of victim disregarded in sentencing – sentencing discount – prescriptive statutory scheme – prosecution concession accepted – 25% discount allowed – deprivation and intellectual disability – “scandalous neglect of young Indigenous people” – reduction in moral culpability – parity – where second co-offender received intensive correction order on undertaking to assist prosecution – same starting point appropriate – where offender in custody awaiting murder trial for over two years – full time custodial sentence only appropriate disposition – backdating sentence – time served sufficient
Legislation Cited: Crimes Act 1900 NSW, s 97(1)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 25D, 25E
Cases Cited: Bresnahan v R [2022] NSWCCA 288
R v Camilleri [2021] NSWSC 221
R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111
R v Tailford(No 2) [2021] NSWSC 695
Regina v Darrell Terry McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242
Category: Sentence Parties: Rex (Crown)
Jye Honeysett (Defendant)Representation: Counsel:
Solicitors:
S Baumgarten (Crown)
R Mathur SC (Honeysett)
Solicitor for Public Prosecutions (NSW) (Rex)
Ryan Paten Le (Honeysett)
File Number(s): 2020/26533
EX TEMPORE Judgment (REVISED)
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On 13 February 2023, before the commencement of a voir dire concerning the admissibility of an electronically recorded interview (“ERISP”), Jye Honeysett entered a plea of guilty to a count that on 11 September 2020 at Griffith, he attempted to rob Sayed Sajjed Mousawi of a Honda motor car whilst in the company of Simon Carberry and Tearna O’Hanlon.
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The indictment contained another count, being an allegation of murder of Mr Mousawi, to which Mr Honeysett had previously pleaded not guilty. The Prosecutor indicated that the Director of Public Prosecutions (“DPP”) accepted the plea to the second count (the attempted robbery in company), in full discharge of the indictment. I formally convicted Mr Honeysett of the attempted robbery charge and discharged…
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- Case
- [2023] NSWSC 103
- Decision Date
CaseChat Overview and Summary
The court addressed the appropriate discount for Honeysett's cognitive impairment and the circumstances of the crime. It was determined that Honeysett's role in the attack warranted a significant discount due to his limited involvement in the planning. The prosecution accepted a 25% discount for his cognitive impairment, which the court considered appropriate. The court also noted the disparity in sentencing between Honeysett and his co-offender, who received an intensive correction order, and decided that parity in sentencing was necessary. Given Honeysett's full-time custody awaiting a murder trial for over two years, the court concluded that a custodial sentence was the only appropriate disposition.
The court imposed a sentence on Honeysett, which was backdated to the date of his arrest. The total sentence was determined to be sufficient to account for the time Honeysett had already served in custody. The court's decision was based on the totality of the circumstances, including the nature of the crime, Honeysett's role, his cognitive impairment, and the need for parity in sentencing with his co-offender. The final order was that Honeysett's sentence would be backdated, and he would serve the remainder of his sentence after accounting for the time already served.
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