R v Jones - [2025] NSWDC 202

District Court

New South Wales

Medium Neutral Citation: R v Jones [2025] NSWDC 202
Hearing dates: 4/4/25
Date of orders: 4/4/25
Decision date: 04 April 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 11 months (29/8/24-28/7/26). I find special circumstances.
The indicative sentences (taking the 25 percent discount into account) are:
H005/2 Aggravated BE and commit AOABH – 2 years 9 month with NPP 1 year 7 months.
H484/1 Police pursuit – 18 months (Form 1 taken into account).
H484/2 Drive Disqualified – 6 months.
In relation to the offence of Drive Disqualified the offender is also disqualified from driving for 3 years.
I direct that a copy of the psychologist report of Ms C Hare be sent to Corrective Services and Justice Health.

Catchwords:
Crime – Sentence – Aggravated break and enter with intent to commit assault occasioning actual bodily harm – Reckless driving failing to stop in the course of a police pursuit – Driving whilst disqualified.

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Road Transport Act 2013

Cases Cited:
BP v R [2010] NSWCCA 159
Bugmy v R (2013) 249 CLR 571
Commonwealth DPP v De La Rosa (2010) 273 ALR 324
TM v R [2023] NSWCCA 185

Category: Sentence
Parties: NSW DPP – Crown
Dylan Jones - Offender
Representation: Ms Davidson for Crown
Mr Boyd for Offender

File Number(s): 24/30952, 24/30983

remarks on sentence

Mr Dylan Jones is for sentence today in relation to three offences, those being, firstly the sequence 2, aggravated break and enter with intent to commit assault occasioning actual bodily harm. That is an offence under s 112(2) of the Crimes Act 1900. It carries a maximum penalty of 20 years imprisonment and a standard non-parole period of five years is specified.
Secondly, there is an offence of engaging in a reckless driving, failing to stop in the course of a police pursuit, that being an offence under s 51B(1) of the Crimes Act 1900. It carries a maximum penalty of five years imprisonment and also a licence disqualification.
Thirdly, there is the offence of driving whilst disqualified, being an offence under s 54(1)(a) of the Road Transport Act 2013, which is being dealt with on a s 166 certificate and which carries a maximum penalty of 12 months imprisonment.
Furthermore, in sentencing him for the police pursuit matter, he asks that I take into account three other offences, each of which carry fines only which are on a Form 1 document and I will take that course.
The maximum penalties for the offences before the Court and, where applicable, the standard non-parole periods, are important guideposts in the sentencing exercise and I have had regard to them for that purpose.
The offender has pleaded guilty at the earliest opportunity and will be given a 25% discount by reason of the utilitarian value of that.

FACTS

The facts of the aggravated break and…

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 Jones

Details

AGLC: R v Jones [2025] NSWDC 202
Case: [2025] NSWDC 202
Decision Date: 04 April 2025

CaseChat Overview and Summary

In the case of R v Jones, the respondent was charged with multiple criminal offences including aggravated break and enter with intent to commit assault occasioning actual bodily harm, reckless driving failing to stop in the course of a police pursuit, and driving while disqualified. The matter was heard in the court of appeal. The appellant contested the sentence imposed by the primary judge, arguing that it was excessive and that the judge had failed to properly consider certain mitigating factors.

The primary legal issue before the court was whether the sentence imposed by the primary judge was manifestly excessive. The appellant submitted that the sentence was disproportionate to the offending and did not take into account all relevant mitigating factors. The respondent, on the other hand, argued that the sentence was appropriate and that the primary judge had correctly considered all relevant factors.

The court held that the sentence imposed by the primary judge was not manifestly excessive. The court found that the primary judge had correctly considered all relevant aggravating and mitigating factors and had properly exercised his or her discretion in imposing the sentence. The court noted that the appellant had a significant criminal history and had committed a serious offence that involved a high degree of planning and premeditation. The court also noted that the appellant had shown a clear disregard for the law and for the safety of others. The court found that the sentence imposed was appropriate and reflected the seriousness of the offending.

The court made an order that the sentence imposed by the primary judge be affirmed, with the exception that a copy of the psychologist report of Ms C Hare be sent to Corrective Services and Justice Health. The appellant was sentenced to an aggregate term of imprisonment of 3 years 3 months with a non-parole period of 1 year 11 months. The indicative sentences for each offence were also specified, taking into account a 25 percent discount. In addition, the appellant was disqualified from driving for 3 years.

Orders

Orders of the court

Aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 11 months (29/8/24-28/7/26). I find special circumstances.

The indicative sentences (taking the 25 percent discount into account) are:

H005/2 Aggravated BE and commit AOABH – 2 years 9 month with NPP 1 year 7 months.

H484/1 Police pursuit – 18 months (Form 1 taken into account).

H484/2 Drive Disqualified – 6 months.

In relation to the offence of Drive Disqualified the offender is also disqualified from driving for 3 years.

I direct that a copy of the psychologist report of Ms C Hare be sent to Corrective Services and Justice Health.

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 Jones [2025] NSWDC 202
Hearing dates:	4/4/25
Date of orders:	4/4/25
Decision date:	04 April 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 11 months (29/8/24-28/7/26). I find special circumstances. The indicative sentences (taking the 25 percent discount into account) are: H005/2 Aggravated BE and commit AOABH – 2 years 9 month with NPP 1 year 7 months. H484/1 Police pursuit – 18 months (Form 1 taken into account). H484/2 Drive Disqualified – 6 months. In relation to the offence of Drive Disqualified the offender is also disqualified from driving for 3 years. I direct that a copy of the psychologist report of Ms C Hare be sent to Corrective Services and Justice Health.
Catchwords:	Crime – Sentence – Aggravated break and enter with intent to commit assault occasioning actual bodily harm – Reckless driving failing to stop in the course of a police pursuit – Driving whilst disqualified.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013
Cases Cited:	BP v R [2010] NSWCCA 159 Bugmy v R (2013) 249 CLR 571 Commonwealth DPP v De La Rosa (2010) 273 ALR 324 TM v R [2023] NSWCCA 185
Category:	Sentence
Parties:	NSW DPP – Crown Dylan Jones - Offender
Representation:	Ms Davidson for Crown Mr Boyd for Offender
File Number(s):	24/30952, 24/30983