R v JW; R v DH

Case [2022] NSWDC 169


District Court


New South Wales

Medium Neutral Citation: R v JW; R v DH [2022] NSWDC 169
Hearing dates: 12 May 2022
Date of orders: 19 May 2022
Decision date: 19 May 2022
Jurisdiction:Criminal
Before: Scotting DCJ
Decision:

Penalty – JW

1. For the firearms offences, JW is released on probation pursuant to s 33(1)(e) of the Children (Criminal Proceedings) Act 1987 for 12 months on condition that he is of good behaviour and that he not commit any offence.

2.   For the remaining offences, an aggregate term of imprisonment for 5 years and 9 months with a non parole period of 3 years and 3 months to date from 17 June 2021.

Penalty – DH

1. An aggregate term of imprisonment of 5 years and 6 months, with a non-parole period of 3 years to date from 28 June 2021.

Catchwords:

CRIME — Violent offences — Armed robbery — Dangerous weapon - Offensive weapon

CRIME — Violent offences — Reckless wounding

CRIME — Firearms offences — Unregistered - Unauthorised use/possession of firearm

Legislation Cited:

Children (Criminal Proceedings) Act 1987

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Firearms Act 1996

Cases Cited:

Bugmy v The Queen (2103) 249 CLR 571

Hoskins v R [2021] NSWCCA 169

IE v R (2008) 183 A Crim R 150

KT v R [2008] NSWCCA 51

Legge v The Queen [2007] NSWCCA 244

Muldrock v R (2011) 244 CLR 120

R v Borkowski (2009) 195 A Crim R 1

R v Dickinson [2004] NSWCCA 457

R v Henry (1999) 46 NSWLR 346

R v Olbrich (1999) 199 CLR 270

R v SDM (2001) 51 NSWLR 530

R v Thomson & Houlton (2000) 49 NSWLR 383

R v Todorovic [2008] NSWCCA 49

SBF v R [2009] NSWCCA 231

YS v R [2010] NSWCCA 98

Category:Sentence
Parties: R v JW; R v DH
Representation:

Counsel:
C O’Neill (Defendant JW)
S Orman-Hales (Defendant DH)

Solicitors:
R Thoms-Packer (Prosecutor)
Children’s Legal Service, Legal Aid NSW (JW)
Veronica Love (DH)
File Number(s): 2021/186917
2021/95724
2021/187001
Publication restriction: None

Judgment

Introduction

  1. JW (a young person) appears for sentence after pleading guilty in the Children’s Court to the following offences:

  1. Robbery of Henny Hildas on 6 April 2021 armed with a dangerous weapon contrary to s 97(2) Crimes Act 1900. The maximum penalty for the offence is 25 years imprisonment.

  2. Robbery of BB (a young person) on 29 June 2021 armed with an offensive weapon and causing wounding to BB contrary to s 98 Crimes Act 1900. The maximum penalty for the offence is 25 years imprisonment.

  3. Reckless wounding of EM (a young person) on 29 June 2021 in company contrary to s 35(3) Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment.

  1. JW also asks the Court to take into account the following offences on a Form 1:

  1. Robbery of Josh Craig on 6 April 2021 armed with a dangerous weapon contrary to s 97(2) Crimes Act 1900, when…

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Details
AGLC
R v JW; R v DH [2022] NSWDC 169
Case
[2022] NSWDC 169
Decision Date

CaseChat Overview and Summary

The two appellants, JW and DH, were convicted of various charges stemming from an armed robbery where a dangerous weapon was used. The case came before the court for determination of the appropriate sentences. The legal issues before the court included the severity of the crimes committed, the nature of the weapons used, and the appropriate penalties under the relevant legislation.

The court considered the gravity of the offences, including the use of a firearm and the potential for causing serious harm. In determining the sentences, the court evaluated the individual circumstances of each appellant, including their roles in the crime and their previous criminal histories. The court also took into account the potential deterrent effect of the sentences on future criminal behaviour.

In its reasoning, the court acknowledged the seriousness of the crimes committed but also recognised the appellants' potential for rehabilitation. The court imposed sentences that reflected the gravity of the offences while also considering the possibility of rehabilitation. For JW, the court imposed a sentence of probation for the firearms offences and a term of imprisonment for the other charges. For DH, the court imposed a term of imprisonment. The court's decision provided clarity on the appropriate penalties for such serious crimes, taking into account the individual circumstances of each appellant.

Orders

Orders of the court

Penalty – JW

1. For the firearms offences, JW is released on probation pursuant to s 33(1)(e) of the Children (Criminal Proceedings) Act 1987 for 12 months on condition that he is of good behaviour and that he not commit any offence.

2. For the remaining offences, an aggregate term of imprisonment for 5 years and 9 months with a non parole period of 3 years and 3 months to date from 17 June 2021.

Penalty – DH

1. An aggregate term of imprisonment of 5 years and 6 months, with a non-parole period of 3 years to date from 28 June 2021.

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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