R v Hooper - [2022] NSWDC 703

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
Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Law Enforcement (Controlled Operations) Act 1997

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 Olbrich [1988] HCA 54
R v Qutami [2001] NSWCCA 353
R v Robert Borkowski [2009] NSWCCA 102
Tepania v R [2018] NSWCCA 247
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)
Geoff Harrison (Counsel for the Offender)
Director of Public Prosecutions (Crown)
Millennium Lawyers (Offender)

File Number(s): 2020/00029754 & 2020/00213090

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION

Jamie Hooper appears for sentence upon the following offences charged in respect of three series of misconduct.

File 2020/00029752

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.
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.
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

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 Hooper

Details

AGLC: R v Hooper [2022] NSWDC 703
Case: [2022] NSWDC 703
Decision Date: 16 December 2022

CaseChat Overview and Summary

The case of R v Hooper involved the defendant, Hooper, who was charged with multiple serious criminal offences including drug supply, firearms possession, and property offences. The dispute centred on whether the evidence presented was sufficient to prove beyond reasonable doubt that Hooper was involved in the supply of a large commercial quantity of a prohibited drug, possession of a prohibited pistol, and breaking and entering a property to commit a serious indictable offence. The matter was heard in the Supreme Court of Victoria.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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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 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Law Enforcement (Controlled Operations) Act 1997
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 Olbrich [1988] HCA 54 R v Qutami [2001] NSWCCA 353 R v Robert Borkowski [2009] NSWCCA 102 Tepania v R [2018] NSWCCA 247 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) Geoff Harrison (Counsel for the Offender) Director of Public Prosecutions (Crown) Millennium Lawyers (Offender)
File Number(s):	2020/00029754 & 2020/00213090