R v KZ

Case [2022] NSWDC 643


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v KZ [2022] NSWDC 643
Hearing dates: 27 September 2022, 11 November 2022 and 24 November
Date of orders: 15 December 2022
Decision date: 15 December 2022
Jurisdiction:Criminal
Before: O’Brien AM DCJ
Decision:

See paragraph 172

Catchwords:

SENTENCING – multiple serious offences committed as a juvenile and adult – Commonwealth and State offences – break, enter and damage school premise including by fire – substantial quantum of damage occasioned – enter dwelling with intent – larceny – firearms offences – intimidation – transmit child abuse material – possess child abuse material of a most heinous type – offending in part racially motivated – reduced moral culpability and impact on objective seriousness – autism spectrum disorder and social isolation of offender – importance of youth – future dangerousness – effect of COVID-19 – totality

Legislation Cited:

Children (Criminal Proceedings) Act 1987 (NSW)

Crimes Act 1900 (NSW)

Crimes Act 1914 (Cth)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Code Act 1995 (Cth)

Firearms Act 1996 (NSW)

Cases Cited:

Azzopardi v R (2011) 35 VR 43; [2011] VSCA 372

Commonwealth Director of Public Prosecutions v CCQ [2021] QCA 4

CR v R [2020] NSWCCA 289

CW v R [2022] NSWCCA 50

Director of Public Prosecutions (Cth) v Beattie (2017) 270 A Crim R 556; [2017] NSWCCA 301

Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194

DS v R; DM v R [2022] NSWCCA 156

Elias v The Queen (2013) 248 CLR 483

Fitzgerald v R [2015] NSWCCA 226

Howard v R [2019] NSWCCA 109

Markarian v R (2005) 228 CLR 357

Miller v R [2015] NSWCCA 86

Minehan v R [2010] NSWCCA 140

MS2 & Ors v R [2005] NSWCCA 397

Muldrock v R (2011) 244 CLR 120

Osman v R [2020] NSWCCA 78

Paterson v R [2021] NSWCCA 273

R v Booth [2009] NSWCCA 89

R v Coffey [2003] VSCA 155

R v Cook [2018] TASCCA 20

R v Dawson [2022] NSWSC 1632

R v De Leeuw [2015] NSWCCA 183

R v Engert (1995) 84 A Crim R 67

R v Hamze [2005] NSWSC 136

R v Hutchinson [2018] NSWCCA 152

R v Najem [2008] NSWCCA 32

R v Pham (2015) 256 CLR 550

R v Ponfield (1999) 49 NSWLR 327

R v Porte [2015] NSWCCA 174

R v Tran (2002) 4 VR 457; [2002] VSCA 52

Sarhene v R [2022] NSWCCA 79

Taylor v The Queen [2015] TASCCA 7

Tepania v R [2018] NSWCCA 247

Category:Sentence
Parties: KZ (offender)
Office of the Director of Public Prosecutions (NSW)
Representation: Counsel: Mr T McKenzie (for the offender)
Solicitor: David Ryan & Co Legal (for the offender)
Solicitor: Mr K Blackley (for the Director of Public Prosecutions)
File Number(s): 2021/00205084 and 2021/00258246
Publication restriction: There is to be no publication of any details that might identify or tend to identify the young person/offender.

judgment

Introduction

  1. The…

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AGLC
R v KZ [2022] NSWDC 643
Case
[2022] NSWDC 643
Decision Date

CaseChat Overview and Summary

In the case of R v KZ, the appellant was convicted of a series of serious offences committed both as a juvenile and as an adult, including Commonwealth and state offences. The charges included breaking and entering a school premises and causing substantial damage by fire, entering a dwelling with intent to commit a larceny, firearms offences, intimidation, and the transmission and possession of child abuse material, some of which was of a particularly heinous nature. The offending was in part racially motivated, and the appellant had an autism spectrum disorder and experienced significant social isolation. The court was required to consider these factors in determining the appropriate sentence for the appellant, including the reduced moral culpability due to their age and mental health issues, the impact on the objective seriousness of the offending, and the potential for future dangerousness.

The legal issues before the court encompassed the appropriate sentencing principles to apply to the multiple serious offences committed by the appellant, the relevance of their age and mental health at the time of the offending, and the impact of the COVID-19 pandemic on the sentencing process. The court had to balance the need to deter and condemn the offences with the need to rehabilitate the appellant and protect the community. Additionally, the court had to consider the totality principle in sentencing, ensuring that the overall sentence was proportionate to the gravity of the offending.

The court determined that, while the offences were extremely serious, the appellant's reduced moral culpability due to their age and mental health issues, as well as the impact on the objective seriousness of the offending, warranted a reduced sentence. The court also considered the appellant's potential for future dangerousness and the importance of providing an opportunity for rehabilitation. The court found that the totality of the offending warranted a sentence of imprisonment, but with consideration given to the appellant's age, mental health, and the potential for rehabilitation, the sentence was set at a level that balanced the need for punishment, deterrence, and rehabilitation. The court also took into account the impact of the COVID-19 pandemic on the appellant and the prison system, adjusting the sentence to ensure the safety of the appellant and other inmates.

Orders

Orders of the court

See paragraph 172

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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