R v Keighran

[2018] NSWDC 536

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Keighran [2018] NSWDC 536
Hearing dates:	26 March 2018
Date of orders:	03 April 2018
Decision date:	03 April 2018
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	Accused sentenced to 2 years and 7 months imprisonment. Non-parole period of 1 year and 8 months.
Catchwords:	CRIME — Property offences — Destroying or damaging property SENTENCING — Subjective considerations on sentence — Extra curial punishment CRIME — Complicity — Joint criminal enterprise SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Aggravating factors — Breach of conditional liberty
Legislation Cited:	Crimes Act 1900 (NSW), s 195 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A
Cases Cited:	R v Harmouche (2015) 158 A Crim R 357 Jehad Jodeh v R (2011) NSWCCA 194 Hampton v R [2014] NSWCCA 13 Muldrock v R (2011) 244 CLR 120
Category:	Sentence
Parties:	Crown Scott Stephen Keighran (Accused)
Representation:	Counsel: Mr V Constantino (Crown) Mr S Buchen S.C. (Accused)   Solicitors: Ms R Trinnie (Crown) Mr Jamison (Accused)
File Number(s):	2016/220377

Judgment

1. HIS HONOUR: The offender pleaded guilty in the Local Court and adhered to that plea before me to an offence that, while in company, on 10 June 2016 at Emu Plains he damaged by fire the O’Donoghue’s Irish hotel at 99 Great Western Highway, Emu Plains. A moment ago he was arraigned on an indictment because, as the transcript will reveal, over the course of the adjournment from last week I had cause to consider that perhaps the charge that had been laid in the Local Court was technically deficient. Of course, he should be taken to have entered his plea to that charge in the Local Court.

2. The relevant offence is an offence under s 195 subs 1A subpara (b) of the Crimes Act and has a maximum penalty of 11 years imprisonment. There is no applicable standard non-parole period.

Agreed Facts

3. The facts are, to a significant degree, agreed and what follows comes from the facts. The Crown also tendered the CCTV footage of the incident, and I will be saying something about that. The offender gave evidence before me and part of his evidence touched on how the fire at the hotel came to be lit and his role in the lighting of it. The following then is taken from the facts document.

4. On the evening of 9 June Mr Harley McKenna, now deceased, and the offender attended the O’Donoghue’s Irish Pub in Emu Plains where they remained for some time, consuming alcohol together. Just prior to 8pm, staff at the hotel requested the men leave due to their offensive and quarrelsome behaviour. Although they became argumentative with staff, both men left the hotel and went to the offender’s home located about 200 metres from the hotel at 5 Avoca Avenue, Emu Plains.

5. Some time after leaving the hotel and while spending time at the offender’s home, the offender and Mr McKenna returned to the hotel. The offender carried…