R v Lachlan Houison

[2020] NSWDC 325

District Court

New South Wales

Medium Neutral Citation:

R v Lachlan Houison [2020] NSWDC 325

Hearing dates:

1 August 2019, 6 December 2019, 25 February 2020, 23 June 2020

Date of orders:

23 June 2020

Decision date:

23 June 2020

Jurisdiction:

Criminal

Before:

Wilson SC DCJ

Decision:

2 year Intensive Corrections Order imposed. Decision at [87] – [92]

Catchwords:

CRIME – Sentencing – s11 bail – successful rehabilitation – young Offender – remorse – reduced risk of reoffending – intensive corrections order

Legislation Cited:

Crimes Act 1900 NSW ss 97(1), 192E(1)(A), 527C(1)(A)

Crimes (Sentencing Procedure) Act 1999 ss NSW 3A, 21A(2)(o), 32

Drug Misuse and Trafficking Act 1985 NSW ss 15, 16

Cases Cited:

Cummins v R [2019] NSWCCA 163

Liao v R [2007] NSWCCA 132

R v Henry (1999) 46 NSWLR 346

R v McNaughton [2006] NSWCCA 242

R v Mobbs [2005] NSWCCA 371

Re Attorney General’s Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146

Texts Cited:

None

Category:

Sentence

Parties:

Mr Lachlan Houison (Offender)
Regina (ODPP)

Representation:

Solicitors:
Mr J Staples (Crown)
Mr G Stewart (Offender)

File Number(s):

2018/236920; 2018/270350; 2018/278444

Publication restriction:

None

Judgment

INTRODUCTION

1. These proceedings have been before me on 3 prior occasions (1 August 2019, 6 December 2019, and 25 February 2020). The reason for the delay in sentence was to facilitate the Offender’s continued participation in rehabilitation programs directed to treating him for his addiction to alcohol and other drugs, before determining whether the Offender should serve his sentence in full-time custody or by way of Intensive Corrections Order in the community.

2. The Offender, Lachlan Houison, appears for sentence today on a single charge of robbery with an offensive weapon in breach of section 97(1) of the Crimes Act 1900 NSW. There is no doubt that this is a serious charge which would commonly result in full-time custody. The seriousness of the offending is reflected by the maximum penalty, that being a period of 20 years imprisonment. There is no standard non-parole period. The maximum penalty is a guidepost to sentence, representing the attitude of the community, through Parliament, towards the seriousness of the offending.

3. The Offender was born 25 July 1997 and is soon to be 23 years of age.

4. He committed the offence, the subject of this sentence, on 6 September 2018. He was arrested on 11 September 2018.

5. Shortly before the subject offending, the Offender was involved in the commission of other offences, being H number ending 221 (goods in custody and dishonestly obtaining property by deception), and H number ending 977 (alter prescription which included a prohibited drug and possess a forged prescription). Those charges have now been placed on 2 Form 1 documents and attached to the principal charge for sentence. The Offender has admitted guilt in relation to those charges and asked me to take into account pursuant to section 32 of the Crimes (Sentencing Procedure) Act 1999 (‘the CSP Act’).

6. By signing the Certificates to those documents, I confirm that I have taken those…