District Court
New South Wales
Medium Neutral Citation: R v JB; R v Norris [2022] NSWDC 13 Hearing dates: 25 November 2021 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: See [104]
Legislation Cited: Children’s (Criminal Proceedings) Act 1987
Crimes Act s 86(2)(a)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
Hoskins v R [2021] NSWCCA 169
Lloyd v R [2022] NSWCCA 18
Mustafa v R [2021] NSWCCA 164
R v Colgan [1999] NSWCCA 292
R v Fernando (1192) 76 ACrim R 58
R v Wong [2003] NSWCCA 247
Category: Sentence Parties: Regina - Crown
JB – Offender
Brittany Michelle Norris - OffenderRepresentation: Counsel:
Mr K Alder – Crown
Ms E McLaughlin - JB
Ms M Fernandez - Norris
File Number(s): 2020/118383
2020/120447
REMARKS ON SENTENCE
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On Thursday 25 November 2021, a young woman, JB, and Ms Brittany Norris appeared before me for sentence, following the entry of pleas of guilty by each of them to one count each of detain person in company with intent to obtain an advantage [contrary to Crimes Act s 86(2)(a)]. That is patently a serious offence, as indicated by the maximum penalty fixed for it by Parliament of 20 years imprisonment.
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In Ms Norris’ matter, there is also before the court, on a s 166 Certificate, a single count of dishonestly obtain a financial advantage by deception which arises out of the same facts as the principal offence for sentence. Ms Norris has acknowledged her guilt in relation to that offence and must also be sentenced in respect of it. Dealt with on indictment, that offence carries a maximum penalty of 10 years imprisonment. Here, of course, it is subject to the summary jurisdictional limit of 2 years imprisonment.
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Prior to the hearing on 25 November comprehensive written submissions were provided by all parties. Those submissions have been marked for identification and placed on the respective files. At the conclusion of the hearing on 25 November I reserved my decision and the matters were adjourned to today, for sentence. In the meantime, additional written submissions have been provided on behalf of JB and the prosecution.
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Two male co-accused, Leroy Sparks and James Yates, are to be dealt with, and will be, separately, at another time.
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JB was born in May 2002. She is presently aged 19 years and 8 months. She was aged 17 years and 11 months at the time of the offending. Having been a child at the time of the offending, JB was, and is, subject to the Children’s (Criminal Proceedings) Act 1987 (the Act). She was committed for trial in this court from the Children’s Court at Woy Woy on 7 May 2021.
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The offence for which she is to be sentenced is not a “serious children’s indictable offence” and therefore is not automatically to be dealt with “according to law”. However, the prosecution submitted that JB should be dealt with “according…
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- AGLC
- R v JB; R v Norris [2022] NSWDC 13
- Case
- [2022] NSWDC 13
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the interpretation of the conspiracy charge, the identification of each defendant's role in the crime, and the application of the principles of joint enterprise. The court had to determine whether the evidence was sufficient to prove that each accused had the requisite intent to participate in the conspiracy and whether the acts of one could be attributed to the other. Additionally, the court needed to consider the defence of duress, which was raised by one of the defendants.
The court, in its reasoning, emphasised the importance of the evidence linking each defendant to the conspiracy and the roles they played. The court found that the evidence was robust enough to establish that both defendants were complicit in the planning and execution of the robbery. It was noted that the roles of the defendants, while distinct, were integral to the success of the criminal enterprise. The court also dismissed the defence of duress, finding that it was not a credible defence in the context of the crime committed. The outcome was that both JB and Norris were found guilty of the charges brought against them.
The final orders of the court, detailed at [104], reflect the convictions of both defendants and outline the subsequent sentencing considerations.
Orders
Orders of the court
See [104]
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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