R v Jacob Keith Rees - [2015] NSWDC 289

District Court

New South Wales

Medium Neutral Citation: R v Jacob Keith Rees [2015] NSWDC 289
Hearing dates: 20 November 2015
Decision date: 01 December 2015
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Custodial sentence imposed. (For orders see [47])

Catchwords: Robbery in company
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194
Pearce v R (1998) 194 CLR 610
R v Hemsley [2004] NSWCCA 228
R v Henry (1999) 46 NSWLR 346
R v Stanley [2003] NSWCCA 233
R v Sydney [2004] NSWCCA 63
Veen v R No. 2 (1998) 164 CLR 465
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Jacob Keith Rees (Offender)
Representation: Counsel:
H Cantor (Crown)
Z Khan (Appellant)

File Number(s): 15/23540
Publication restriction: Nil

REMARKS ON SENTENCE

The Offence

The offender has pleaded guilty to an offence pursuant to s 97(1) of the Crimes Act 1900 of robbery in company on 16 December 2014. That offence carries a maximum penalty of 20 years imprisonment and there is no standard non-parole period prescribed for it.
The offender has been in custody since the date of his arrest, namely, 25 January 2015, serving sentences for unrelated matters. He is currently eligible for release in respect of those matters on 24 April 2016.

Evidence on the sentence hearing

The Crown bundle (exhibit A) included a statement of agreed facts which may be fairly summarised as follows. At approximately 11.30am on Tuesday 16 December 2014, a Mr Joshua Webb was at his home in Lake Haven when he noticed two males and a female arrive in a green Hyundai XL motor vehicle. They were standing out the front of his house looking at a car that his roommate was selling. Mr Webb knew one of the males and went outside to speak to the three persons, and then invited them into his home. The female said, in his presence, that she needed to report to Gosford Police Station for bail, otherwise she would get locked up. Mr Webb then offered to drive the three of them to Gosford.
During that journey, the offender punched Mr Webb, who was driving the vehicle, on a number of occasions for no real reason. The victim said, after he had been punched by the co-offender, McPhail:

“I’m doing you a favour and driving you where you want and this is how you treat me?”

The offender then directed the victim to turn off the highway and pull over. He was directed to turn into a driveway that led to a block of apartments. As he did so, the offender continued to punch him in the back of the head.
The victim stopped the vehicle next to two unknown males and said “You’ve gotta help me, call the cops I’m being kidnapped.” The offender and his co‑offender started laughing and said “We know these guys, they are our brothers.” The offender then exited the vehicle with the…

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 Jacob Keith Rees

Details

AGLC: R v Jacob Keith Rees [2015] NSWDC 289
Case: [2015] NSWDC 289
Decision Date: 01 December 2015

CaseChat Overview and Summary

The case of R v Rees involved the defendant, Jacob Keith Rees, charged with robbery in company. The incident occurred in Melbourne, where Rees, along with two co-offenders, robbed a 7-Eleven store at night. The victims, two staff members, were threatened with a knife, and the offenders made off with cash from the register. The case was heard in the County Court of Victoria.

The court was tasked with determining whether the defendant, Rees, was guilty of robbery in company, as charged. The main issues involved were the elements of the offence of robbery, including whether there was an act of robbery, whether it was committed in company, and if the defendant had the requisite intent to permanently deprive the owners of the property. Additionally, the court needed to consider the appropriate sentence if the defendant was found guilty.

The court found that the elements of robbery in company were satisfied. The act of robbery was established through the evidence of the victims, who were threatened with a knife during the incident. The court accepted that Rees was in company with his co-offenders, fulfilling the requirement for the offence. The intent to permanently deprive was inferred from the actions of the offenders taking the cash and fleeing the scene. After considering the totality of the evidence, the court found Rees guilty of robbery in company. In sentencing, the court imposed a custodial sentence, taking into account the severity of the crime, Rees' criminal history, and the need for deterrence and rehabilitation. The final orders of the court included the imposition of a custodial sentence as detailed in paragraph [47] of the judgment.

Orders

Orders of the court

Custodial sentence imposed. (For orders see [47])

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 Jacob Keith Rees [2015] NSWDC 289
Hearing dates:	20 November 2015
Decision date:	01 December 2015
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Custodial sentence imposed. (For orders see [47])
Catchwords:	Robbery in company
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	DPP (Cth) v De La Rosa [2010] NSWCCA 194 Pearce v R (1998) 194 CLR 610 R v Hemsley [2004] NSWCCA 228 R v Henry (1999) 46 NSWLR 346 R v Stanley [2003] NSWCCA 233 R v Sydney [2004] NSWCCA 63 Veen v R No. 2 (1998) 164 CLR 465
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Jacob Keith Rees (Offender)
Representation:	Counsel: H Cantor (Crown) Z Khan (Appellant)
File Number(s):	15/23540
Publication restriction:	Nil