District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hooper [2022] NSWDC 703 Hearing dates: 05, 13 & 15 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify an aggregate sentence of imprisonment of 12 years with a non-parole period of 8 years
Catchwords: CRIME — Drug offences — Supply prohibited drug — Large commercial quantity
CRIME — Firearms offences — Firearms prohibition orders
CRIME — Firearms offences — Use/Possess prohibited pistol/firearm
CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Cases Cited: Bugmy v The Queen [2013] HCA 37
Imbornone v R [2017] NSWCCA 144
LloydvR [2022] NSWCCA 18
Markarianv R [2005] HCA 25
Muldrock v The Queen [2011] HCA 39
R v Henry et al [1999] NSWCCA 111
R v Robert Borkowski [2009] NSWCCA 102
Veen v The Queen (No. 2) (1987-1988) 164 CLR 465; [1988] HCA 14
Category: Sentence Parties: Regina (Crown)
Jamie Hooper (Offender)Representation: Peter Low (Solicitor for the ODPP)
Director of Public Prosecutions (Crown)
Geoff Harrison (Counsel for the Offender)
Millennium Lawyers (Offender)
File Number(s): 2020/00029754 & 2020/00213090
REVISED EX TEMPORE JUDGEMENT
INTRODUCTION
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Jamie Hooper appears for sentence upon the following offences charged in respect of three series of misconduct.
File 2020/00029752
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Sequence 12. On 17 November 2019, at Bankstown in the State of New South Wales did break and enter the dwelling house of Thi Quynh Trang Vu at [REDACTED] Street, Bankstown and did commit a serious indictable offence therein, namely intimidation with intent to cause fear and physical and mental harm in circumstances of aggravation, namely being in company of another person and in circumstances of special aggravation, namely being armed with a dangerous weapon. The offence is contrary to s 112(3) Crimes Act 1900.
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Sequence 3. On 29 January 2020, at Riverwood in the State of New South Wales did possess a prohibited firearm, namely a shortened Winchester Rifle, in contravention of a Firearms Prohibition Order that was in force, contrary to s 74(1) Firearms Act 1996.
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Sequence 4. On 29 January 2020, at Riverwood in the State of New South Wales did possess ammunition, namely 102 rounds of 0.22 calibre ammunition, 18 rounds of 0.243 calibre ammunition, eight rounds of 0.222 calibre ammunition, 24 rounds of 9 mm ammunition, eight rounds of 0.38 calibre ammunition, five rounds of .357 calibre ammunition, eight rounds of “small C Rimfire” ammunition and three rounds of Special Federal 0.38 calibre ammunition in contravention of a Firearms Prohibition Order. This offence is contrary to s 74(3) Firearms Act
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- AGLC
- R v Hooper [2022] NSWDC 703
- Case
- [2022] NSWDC 703
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide included whether the evidence was sufficient to establish each offence beyond reasonable doubt, the relevance of the quantity of drugs and firearms in determining the severity of the sentences, and the appropriate method of calculating an aggregate sentence for multiple offences. The court also needed to consider the aggravating circumstances of the property offence, such as the risk posed to public safety and the breach of a firearms prohibition order.
The Supreme Court of Victoria found that the evidence was indeed sufficient to establish all the charges against Hooper. The court determined that the quantity of drugs and the possession of a prohibited pistol indicated a high level of criminal activity, warranting severe punishment. The court then proceeded to aggregate the sentences for each offence, considering the seriousness and aggravating factors of each crime. The court concluded that an aggregate sentence of imprisonment of 12 years, with a non-parole period of 8 years, was appropriate to reflect the gravity of the offences committed by Hooper.
The final orders of the court were to specify an aggregate sentence of imprisonment of 12 years with a non-parole period of 8 years. This sentence was intended to adequately reflect the seriousness of Hooper's crimes and to protect the community from further criminal activities by the defendant.
Orders
Orders of the court
Specify an aggregate sentence of imprisonment of 12 years with a non-parole period of 8 years
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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