R v Jones - [2020] NSWDC 147

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Jones [2020] NSWDC 147
Hearing dates: 24 April 2020
Decision date: 24 April 2020
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Sentenced to a term of imprisonment of 2 years 9 months. Non parole period of 1 year 4 months.

Catchwords:
SENTENCING - attempt armed robbery of service station - threat to use cigarette lighter to ignite petrol and LPG gas cylinder.
SENTENCING - Relevant factors on sentence - vulnerable victim providing valuable community service - mentally disturbed offender - hardship as a child - early guilty plea - remorse - COVID -19 concerns - special circumstances.
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Brown v R [2020] VSC 60
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
CD v R [2013] VSCA 95
DPP v De La Rosa [2010] NSWCCA 194, (2010) 205 A Crim R 1; (2010) 79 NSWLR 1
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
R v Henry [1999] NSWCCA 111 (1999) 46 NSWLR 346
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Verdins [2007] VSCA 102; 16 VR 269
R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Texts Cited: Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497
Category: Sentence
Parties: Damien Jones (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr S Fraser, Public Defender (for the offender)
Solicitors:
Legal Aid NSW (for the offender)
Ms K Rankin (for Director of Public Prosecutions)

File Number(s): 2019/00174892

SENTENCE

Introduction

Damien Jones is for sentence today for the crime of attempted armed robbery: s 97(1) Crimes Act1900; maximum penalty 20 years imprisonment. All parties appeared using the virtual court. Jones appeared from gaol (MRRC). Jones has been in custody since his arrest on 4 June 2019.

Agreed Facts

At 1:40 am on 24 May 2109 Jones went to the night service window of the Caltex Service Station in East Corrimal. There he purchased a cigarette lighter and a can of energy drink from the female attendant. A short time later he returned to the window and demanded money. The attendant closed the service window. Jones then went to the petrol bowser. Took out the pump and tried to set alight the nozzle with the lighter. Despite his attempts nothing lit; no petrol would come out as the pump was locked.
Jones then extended the hose a short distance. A small amount of petrol dribbled from it and pooled on the ground. Jones lit the petrol. He then walked toward the service window brandishing the lighter. By this time the attendant had retreated and was calling the police.
Jones then went to the side of the service station and released the valve on a large liquid propane gas (LPG) cylinder. He retreated…

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 [2020] NSWDC 147
Case: [2020] NSWDC 147
Decision Date: 24 April 2020

CaseChat Overview and Summary

The case before the court involved the sentencing of an individual named Jones, who had been found guilty of attempting to commit armed robbery at a service station. The attempted robbery involved the offender threatening to use a cigarette lighter to ignite petrol and LPG gas cylinders, causing significant danger to life and property. The court's task was to determine an appropriate sentence for this serious offence, taking into account a range of mitigating and aggravating factors.

The primary legal issue before the court was to determine the appropriate sentence for Jones's attempted armed robbery, considering the relevant statutory guidelines and case law. The court had to weigh the severity of the crime against the mitigating factors presented by the defence, including the offender's mental health issues, hardships experienced in childhood, and his early guilty plea. Additionally, the court had to consider the impact of COVID-19 on the offender's circumstances, as well as the vulnerability of the victim, who was providing valuable community service at the time of the offence.

The court carefully considered all the relevant factors in determining the sentence. It recognised the seriousness of the attempted armed robbery, which involved a significant threat to life and property. However, the court also took into account the mitigating factors presented, including Jones's mental health issues, his hardships as a child, and his early guilty plea. The court acknowledged the impact of COVID-19 on Jones's circumstances and the vulnerability of the victim. Ultimately, the court determined that a sentence of imprisonment was appropriate, but it also recognised the need for a degree of leniency given the mitigating factors. The court sentenced Jones to a term of imprisonment of 2 years and 9 months, with a non-parole period of 1 year and 4 months.

The final orders of the court were that Jones be sentenced to a term of imprisonment of 2 years and 9 months, with a non-parole period of 1 year and 4 months. The court considered all relevant factors in determining the appropriate sentence and balanced the seriousness of the offence with the mitigating factors presented by the defence.

Orders

Orders of the court

Sentenced to a term of imprisonment of 2 years 9 months. Non parole period of 1 year 4 months.

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 [2020] NSWDC 147
Hearing dates:	24 April 2020
Decision date:	24 April 2020
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Sentenced to a term of imprisonment of 2 years 9 months. Non parole period of 1 year 4 months.
Catchwords:	SENTENCING - attempt armed robbery of service station - threat to use cigarette lighter to ignite petrol and LPG gas cylinder. SENTENCING - Relevant factors on sentence - vulnerable victim providing valuable community service - mentally disturbed offender - hardship as a child - early guilty plea - remorse - COVID -19 concerns - special circumstances.
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Brown v R [2020] VSC 60 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 CD v R [2013] VSCA 95 DPP v De La Rosa [2010] NSWCCA 194, (2010) 205 A Crim R 1; (2010) 79 NSWLR 1 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Henry [1999] NSWCCA 111 (1999) 46 NSWLR 346 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Verdins [2007] VSCA 102; 16 VR 269 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168
Texts Cited:	Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497
Category:	Sentence
Parties:	Damien Jones (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr S Fraser, Public Defender (for the offender) Solicitors: Legal Aid NSW (for the offender) Ms K Rankin (for Director of Public Prosecutions)
File Number(s):	2019/00174892