R v Langlo

[2020] NSWDC 875

District Court

New South Wales

Medium Neutral Citation:

R v Langlo [2020] NSWDC 875

Hearing dates:

27 November 2020

Decision date:

27 November 2020

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Aggregate sentence of 4 years 4 months with a non-parole period of 2 years 4 months.

Catchwords:

CRIME – Discharge firearm intend cause grievous bodily harm - Stalk/intimidate

SENTENCING — Relevant factors on sentence —

intimidate somebody at their home – use of a firearm - joint criminal enterprise - culturally appropriate and tailored sentencing - young offender – deprived background

Legislation Cited:

Crimes Act 1900

Crimes (Domestic and Personal Violence) Act 2007

Cases Cited:

BP v R [2010] NSWCCA 159

Clarke-Jeffries v R [2019] NSWCCA 56

Howard v R [2019] NSWCCA 109

KT v R [2008] NSWCCA 51

Neal v The Queen (1982) 149 CLR 305

Texts Cited:

Lessons Lost in Sentencing: Wielding Individualised Justice to Indigenous Justice, Anthony Bartels Hopkins, Melbourne University Law Review 2015, 39-47.

Category:

Sentence

Parties:

Kolby Langlo (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr S Fraser, Public Defender

Solicitors:
Legal Aid NSW (for the offender)
Ms A Bird (for the Director of Public Prosecutions)

File Number(s):

2018/00389017

SENTENCE – EX TEMPORE REVISED

1. Kolby Langlo is to be sentenced today for two serious offences;

1. Discharge a firearm with intent to cause grievous bodily harm section 33 A(1)(a) Crimes Act 1900; maximum penalty 25 years’ imprisonment, with a standard non-parole period of nine years, for an offence that taking into account only objective features fall within the middle of the range; and

2. Intimidation, section 13(1) Crimes (Domestic and Personal Violence) Act 2007, maximum penalty five years’ imprisonment.

2. The bulk of these sentencing remarks will focus upon the offender, but before I start it needs to be made clear to Langlo, and everyone in Court and the community, that these were not victimless crimes.  What Langlo and his associate did on this day in May 2017 has had a terrible and continuing impact on its victims. 

3. Ms Williams suffered a gunshot wound.  When she was shot, she fell heavily. The shooting and the consequences of her fall has led to continuing medical issues.  She still receives treatment for pain and paraesthesia.  She will require ongoing counselling for the trauma and the other mental impact of the offences.  She is unable to work.  She still no longer feels safe.  Her daughter, who was directly confronted by Langlo, had to leave her home. She too still no longer feels safe. Her social life is diminished.  She still has dreams about the event.  She no longer leads the life she used to live.

4. Kolby Langlo was born in 1996.  On 9 March 2016, together with another, he committed an offence of assault occasioning actual bodily harm.  He went into custody for the first time on 10 March 2016.  On 1 August 2016, he was bailed.  In June 2017 he was acquitted by a jury of another matter. He is to have the full benefit…