District Court
New South Wales
Medium Neutral Citation: R v LITTLE [2022] NSWDC 210 Hearing dates: 17 March 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced - see [110]-[118]
Catchwords: CRIME - violent offences - detain with intent to obtain an advantage with assault occasioning actual bodily harm - students in naked hazing ritual intercepted, detained, threatened with pistol and hit with piece of wood and weapon
CRIME - violent offences - break enter and commit serious indictable offence - intimidation - detain with intent to obtain an advantage - broke into adjacent motel room - held occupant hostage
SENTENCING - factors - Bugmy - totality - aggregate sentence
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Criminal Procedure Act, 1986
Cases Cited: Bugmy v The Queen [2013] HCA 37
Di Simoni v The Queen (1981) 147 CLR 383
R v McCullough (2009) 194 A Crim R 429
R v MMK (2006) 164 A Crim R 481; [2006] NSWCCA 272
R v Speechley [2012] NSWCCA 130
R v Storey [1998] 1 VR 359
Category: Sentence Parties: Regina
Carl Derek LITTLERepresentation: Counsel:
Solicitors:
Mr D Stewart
Ms J Dawson for the Director of Public Prosecutions
Mr R Hill, R Hill & Associates (for the Offender)
File Number(s): 2020/100206, 2020/234869 Publication restriction: No
Judgment
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Regrettably this is the second attempt at delivering these reasons. I was part way through delivering these reasons on 16 June 2022 when Mr Stewart of counsel interrupted and inquired as to whether further material forwarded to chambers on behalf of the offender after the sentence hearing had been received. That material had not come to my attention. It had been received in chambers while I was sitting in Sydney for several weeks in March and April 2022. I am extremely grateful to Mr Stewart for interrupting me and drawing my attention to this issue. I have now considered that material. I have also taken the opportunity to correct a factual matter in the reasons that I partially delivered on 16 June 2022. That issue made no difference to any finding.
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There was another issue. I prepared a first draft of these reasons soon after the sentencing hearing while in Sydney. However I was issued with a new computer and the draft was initially “lost” for several weeks in the transfer of contents from old to new computer.
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The offender appears for sentence in respect of a multiplicity of offending arising out of two separate episodes, one that occurred on 23 March 2020 and the other on 1 April 2020. The matters on 23 March 2020 were defended and pleas of guilty were entered on the day of trial in respect of the 1 April…
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- AGLC
- R v Little [2022] NSWDC 210
- Case
- [2022] NSWDC 210
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the interpretation and application of the criminal statutes related to the offences of detaining with intent to obtain an advantage, assault occasioning actual bodily harm, intimidation, and breaking and entering with intent to commit a serious indictable offence. The court had to consider the specific circumstances of each offence, the defendant's intent, and the severity of the harm caused to the victims. The court also needed to weigh the appropriate sentencing factors in light of the principles established in Bugmy and the requirement for a totality approach to sentencing.
The court meticulously examined the evidence presented, assessing the credibility of witnesses and the defendant's actions. It determined that the defendant's conduct was indeed criminal, warranting severe penalties. The court applied the principles of Bugmy, emphasising the importance of a totality approach in sentencing to ensure that the overall punishment was just and proportionate to the aggregate of the defendant's criminal conduct. After a comprehensive analysis, the court handed down a sentence, detailing the reasoning behind each aspect of the punishment.
The court ordered that the defendant be sentenced as follows: [110]-[118]. The sentencing took into account the totality of the defendant's criminal behaviour, ensuring that the sentence reflected the cumulative seriousness of the offences committed.
Orders
Orders of the court
Sentenced - see [110]-[118]
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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