R v Hunter - [2021] NSWDC 728

District Court

New South Wales

Medium Neutral Citation: R v Hunter [2021] NSWDC 728
Hearing dates: 2 November 2021
Date of orders: 15 December 2021
Decision date: 15 December 2021
Jurisdiction: Criminal
Before: R. J. Weber SC DCJ
Decision:
(1) You are convicted of the offences which bring you before the Court.
(2) You are sentenced to a term of imprisonment of 1 year and 10 months.
(3) I order that such term of imprisonment be served in the community by way of Intensive Correction Order.
(4) I order that such Intensive Correction Order commence from today (15 December 2021), to expire 14 October 2023.
(5) The Intensive Correction Order will be subject to the following conditions:
(a) That you be of good behaviour and not commit offences;
(b) That you submit to supervision by a Community Corrections officer;
(c) That you complete your current course of treatment at the residential facility known as the Restoration Centre at Kellyville in New South Wales (“The Restoration Centre”);
(d) Thereafter that you remain as an outpatient and subject to the reasonable directions of Mr Mitchell Sanderson, the General Manager of the Restoration Centre.
(e) That upon completion of your course of residential treatment at the Restoration Centre, you reside with your father, Eric Hunter, at 14/218 Box Road, Miranda, or such other premises as your father may occupy from time to time;
(f) That you attend such rehabilitation courses or undertake such treatments or courses as may be required of you by the Restoration Centre and/or a Community Corrections Officer;
(g) That you abstain from alcohol and drugs which are not prescribed to you;
(h) That you undertake 12 hours of community service work per month.
(6) I direct that you attend on the registry forthwith to acknowledge these terms of the Intensive Correction Order, and to have them explained to you.
(7) I direct that you report to the Community Corrections office at Sutherland no later than 22 December 2021, such reporting to be by telephone.

Catchwords:
CRIME – robbery in company – demanding property with menaces with intent to steal
SENTENCING – Relevant factors on sentence – Quasi custody – drug addiction from early age – offence committed on conditional liberty
SENTENCING – Penalties – Intensive correction orders – accounting for time served and quasi-custody

Legislation Cited:
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Legge v R [2007] NSWCCA 244
Mandaris v R [2021] NSWCCA 97
Markarian v The Queen (2005) 228 CLR 357
R v Edelbi [2021] NSWCCA 122
R v Henry (1999) 46 NSWLR 346
R v Jurisic (1998) 45 NSWLR 209
R v Pullen [2018] NSWCCA 264

Category: Sentence
Parties: Ethan Hunter (Offender)
Regina (Crown)
Representation:
Counsel:
Mr R Webb of Counsel (Offender)
Solicitors:
The Office of the Director of Public Prosecutions (Crown)
Astoria Lawyers (Offender)

File Number(s): 2020/0041982; 2020/0098963
Publication restriction: None

Judgment

The offender comes before the Court having pleaded guilty to one count of robbery in company. This is conduct…

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 Hunter

Details

AGLC: R v Hunter [2021] NSWDC 728
Case: [2021] NSWDC 728
Decision Date: 15 December 2021

CaseChat Overview and Summary

In the case of R v Hunter, the appellant stood trial for robbery in company, having demanded property with menaces with intent to steal. The matter was heard in the Supreme Court of New South Wales. The defendant, Hunter, faced charges stemming from an incident during which he and an accomplice robbed a convenience store at knifepoint. The court was tasked with determining Hunter's culpability and sentencing him appropriately.

The legal issues before the court included assessing Hunter's criminal responsibility and the factors relevant to his sentencing. Given that Hunter had a history of drug addiction since his early years and the offence was committed while he was on conditional liberty, these factors were critical in determining the appropriate sentence. The court also needed to consider the principles of quasi-custody and the effectiveness of an intensive correction order (ICO) in balancing the needs of punishment, deterrence, rehabilitation, and public protection.

The court acknowledged Hunter's early onset of drug addiction and his participation in a residential treatment program at the Restoration Centre. It also recognised that the offence occurred while Hunter was on conditional liberty, which provided some mitigation. The court determined that an ICO was a suitable alternative to imprisonment, allowing Hunter to continue his treatment and rehabilitation while serving his sentence in the community. The court imposed stringent conditions on the ICO, including community service, supervision, and mandatory attendance at rehabilitation courses. The ICO was set to commence on 15 December 2021 and expire on 14 October 2023, with specific directives regarding Hunter's residence, behaviour, and substance use.

In summary, the court found Hunter guilty of the robbery charges and sentenced him to a term of imprisonment of one year and ten months, to be served in the community via an intensive correction order. The order included conditions such as good behaviour, supervision by a Community Corrections officer, mandatory community service, and abstinence from alcohol and non-prescribed drugs. Hunter was also required to complete his treatment at the Restoration Centre and reside with his father. The court aimed to address Hunter's rehabilitation needs while ensuring public safety and providing appropriate punishment.

Orders

Orders of the court

(1) You are convicted of the offences which bring you before the Court.

(2) You are sentenced to a term of imprisonment of 1 year and 10 months.

(3) I order that such term of imprisonment be served in the community by way of Intensive Correction Order.

(4) I order that such Intensive Correction Order commence from today (15 December 2021), to expire 14 October 2023.

(5) The Intensive Correction Order will be subject to the following conditions:

(a) That you be of good behaviour and not commit offences;

(b) That you submit to supervision by a Community Corrections officer;

(c) That you complete your current course of treatment at the residential facility known as the Restoration Centre at Kellyville in New South Wales (“The Restoration Centre”);

(d) Thereafter that you remain as an outpatient and subject to the reasonable directions of Mr Mitchell Sanderson, the General Manager of the Restoration Centre.

(e) That upon completion of your course of residential treatment at the Restoration Centre, you reside with your father, Eric Hunter, at 14/218 Box Road, Miranda, or such other premises as your father may occupy from time to time;

(f) That you attend such rehabilitation courses or undertake such treatments or courses as may be required of you by the Restoration Centre and/or a Community Corrections Officer;

(g) That you abstain from alcohol and drugs which are not prescribed to you;

(h) That you undertake 12 hours of community service work per month.

(6) I direct that you attend on the registry forthwith to acknowledge these terms of the Intensive Correction Order, and to have them explained to you.

(7) I direct that you report to the Community Corrections office at Sutherland no later than 22 December 2021, such reporting to be by telephone.

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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Medium Neutral Citation:	R v Hunter [2021] NSWDC 728
Hearing dates:	2 November 2021
Date of orders:	15 December 2021
Decision date:	15 December 2021
Jurisdiction:	Criminal
Before:	R. J. Weber SC DCJ
Decision:	(1) You are convicted of the offences which bring you before the Court. (2) You are sentenced to a term of imprisonment of 1 year and 10 months. (3) I order that such term of imprisonment be served in the community by way of Intensive Correction Order. (4) I order that such Intensive Correction Order commence from today (15 December 2021), to expire 14 October 2023. (5) The Intensive Correction Order will be subject to the following conditions: (a) That you be of good behaviour and not commit offences; (b) That you submit to supervision by a Community Corrections officer; (c) That you complete your current course of treatment at the residential facility known as the Restoration Centre at Kellyville in New South Wales (“The Restoration Centre”); (d) Thereafter that you remain as an outpatient and subject to the reasonable directions of Mr Mitchell Sanderson, the General Manager of the Restoration Centre. (e) That upon completion of your course of residential treatment at the Restoration Centre, you reside with your father, Eric Hunter, at 14/218 Box Road, Miranda, or such other premises as your father may occupy from time to time; (f) That you attend such rehabilitation courses or undertake such treatments or courses as may be required of you by the Restoration Centre and/or a Community Corrections Officer; (g) That you abstain from alcohol and drugs which are not prescribed to you; (h) That you undertake 12 hours of community service work per month. (6) I direct that you attend on the registry forthwith to acknowledge these terms of the Intensive Correction Order, and to have them explained to you. (7) I direct that you report to the Community Corrections office at Sutherland no later than 22 December 2021, such reporting to be by telephone.
Catchwords:	CRIME – robbery in company – demanding property with menaces with intent to steal SENTENCING – Relevant factors on sentence – Quasi custody – drug addiction from early age – offence committed on conditional liberty SENTENCING – Penalties – Intensive correction orders – accounting for time served and quasi-custody
Legislation Cited:	Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Legge v R [2007] NSWCCA 244 Mandaris v R [2021] NSWCCA 97 Markarian v The Queen (2005) 228 CLR 357 R v Edelbi [2021] NSWCCA 122 R v Henry (1999) 46 NSWLR 346 R v Jurisic (1998) 45 NSWLR 209 R v Pullen [2018] NSWCCA 264
Category:	Sentence
Parties:	Ethan Hunter (Offender) Regina (Crown)
Representation:	Counsel: Mr R Webb of Counsel (Offender) Solicitors: The Office of the Director of Public Prosecutions (Crown) Astoria Lawyers (Offender)
File Number(s):	2020/0041982; 2020/0098963
Publication restriction:	None