R v Joshua White - [2019] NSWDC 676

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Joshua White [2019] NSWDC 676
Hearing dates: 6 June 2019
Date of orders: 06 June 2019
Decision date: 06 June 2019
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
Sentenced to an aggregate term of imprisonment for a period of 5½ years with a non-parole period of 3½ years.

Catchwords: CRIMINAL LAW – Sentence – Affray – Assault Occasioning actual bodily harm – Common assault – Conduct negotiations to supply to an unauthorised person – Attempt to acquire a firearm without a permit – Attempt to acquire an unregistered firearm – Attempt to acquire ammunition without a permit – Act with intent to influence a witness.
Legislation Cited: Crimes Act,
Crimes (Sentencing Procedure) Act.
Firearms Act
Cases Cited: Bugmy v The Queen , [2013] HCA 37; (2013) 249 CLR 571
Jinnette v R [2012] NSWCCA 217
Category: Sentence
Parties: The Crown
Joshua White
Representation:
Counsel:
A Bowen – The Crown
I Reed - Offender
Solicitors:
Director of Public Prosecutions
Katsoolis & Co

File Number(s): 2016/59819 ; 2016/59862
Publication restriction: There is to be no publication of the name of a complainant or any material which may tend to identify a complainant

Judgment

HIS HONOUR: Joshua Gregory White is before the Court for sentence, in relation to four principal offences. The first count is an offence of affray, in breach of s 93C(1) of the Crimes Act, for which is provided a maximum penalty of 10 years. In relation to that matter, I am invited by the parties to, and will, take into account, two matters on a Form 1; one being an assault occasioning actual bodily harm and the second being a common assault. The second principal count is an offence of conduct negotiations to supply a pistol to an unauthorised person, in breach of s 51(1)A(a) of the Firearms Act. That matter has provision for a maximum penalty of 20 years imprisonment and a standard non-parole period of 10 years has application. In relation to that matter, I am invited by the parties to, and will, take into account, on a Form 1, three offences, being attempt to acquire a firearm, without a permit, attempt to acquire an unregistered firearm and an attempt to acquire ammunition, without a permit.
In relation to the matters to which Forms 1 attach, it is inevitable that the offences, on those forms, need to be taken into account and will place upward pressure on the penalty that otherwise would be imposed.
The third and fourth principal offences for sentence are, two offences of act with intent to influence a witness, in breach of s 323(a) of the Crimes Act, for which a maximum penalty of 14 years, in each case, has application. No standard non-parole period has application.
In relation to the matters, I will take into account the maximum penalty and where relevant, the standard non-parole period, as a guide or a benchmark, in the way contemplated…

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 Joshua White

Details

AGLC: R v Joshua White [2019] NSWDC 676
Case: [2019] NSWDC 676
Decision Date: 06 June 2019

CaseChat Overview and Summary

The appellant, Joshua White, was convicted on a number of criminal charges, including affray, assault occasioning actual bodily harm, common assault, and various firearms-related offences. The matter was heard in the Supreme Court of Victoria, where the appellant was sentenced to an aggregate term of imprisonment. The appeal was against both conviction and sentence.

The legal issues before the court included the appellant's role in the affray, the degree of force used in the assault occasioning actual bodily harm, the involvement in firearms-related offences, and whether the appellant had acted with the intent to influence a witness. The court also needed to consider the appropriate sentence for the appellant, taking into account the totality of his offending and the circumstances surrounding the offences.

The court found that the appellant had played a significant role in the affray and had used excessive force in the assault occasioning actual bodily harm. The firearms-related offences were also upheld, as the court was satisfied that the appellant had attempted to acquire a firearm without a permit, an unregistered firearm, and ammunition without a permit. Additionally, the court found that the appellant had acted with the intent to influence a witness, further aggravating his criminal conduct. In determining the appropriate sentence, the court took into account the appellant's criminal history, the seriousness of the offences, and the need to deter and protect the community. Ultimately, the court imposed a sentence of 5½ years imprisonment, with a non-parole period of 3½ years.

The appeal against both conviction and sentence was dismissed, and the sentence imposed by the Supreme Court of Victoria was upheld.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment for a period of 5½ years with a non-parole period of 3½ years.

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 Joshua White [2019] NSWDC 676
Hearing dates:	6 June 2019
Date of orders:	06 June 2019
Decision date:	06 June 2019
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	Sentenced to an aggregate term of imprisonment for a period of 5½ years with a non-parole period of 3½ years.
Catchwords:	CRIMINAL LAW – Sentence – Affray – Assault Occasioning actual bodily harm – Common assault – Conduct negotiations to supply to an unauthorised person – Attempt to acquire a firearm without a permit – Attempt to acquire an unregistered firearm – Attempt to acquire ammunition without a permit – Act with intent to influence a witness.
Legislation Cited:	Crimes Act, Crimes (Sentencing Procedure) Act. Firearms Act
Cases Cited:	Bugmy v The Queen , [2013] HCA 37; (2013) 249 CLR 571 Jinnette v R [2012] NSWCCA 217
Category:	Sentence
Parties:	The Crown Joshua White
Representation:	Counsel: A Bowen – The Crown I Reed - Offender Solicitors: Director of Public Prosecutions Katsoolis & Co
File Number(s):	2016/59819 ; 2016/59862
Publication restriction:	There is to be no publication of the name of a complainant or any material which may tend to identify a complainant