R v Longbottom - [2018] NSWDC 351

District Court

New South Wales

Medium Neutral Citation: R v Longbottom [2018] NSWDC 351
Hearing dates: 26 October 2018
Date of orders: 23 November 2018
Decision date: 23 November 2018
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
See [68] to [78]

Catchwords: CRIMINAL LAW – offences – dishonestly obtain property by deception – enter dwelling with intent to steal – aggravated break enter and steal – indictable offence
SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – financial gain – record of previous convictions – offences committed in the home of the victim – good prospects of rehabilitation – plea of guilty – duress – significant health problems
SENTENCING PRINCIPLES – remorse – totality – aggregate sentences – special circumstances – exceptional hardship
OTHER – theft of credit cards and personal belongings from dwellings – use of stolen credit cards to purchase goods – acting under duress
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Dipangkear v R [2010] NSWCCA 156 at [34]
Hoskins v R [2016] NSWCCA 157 at [63]
R v Borkowski (2009) 195 A Crim R 1 at [32]
R v Todorovic [2008] NSWCCA 49
R v Thomson & Houlton (2000) 49 NSWLR 383
Category: Sentence
Parties: R v Renee Longbottom
Representation: Solicitors: ODPP (Regina)
Aboriginal Legal Service (Defendant)

File Number(s): 2015/352260
Publication restriction: None

Judgment

Renee Longbottom appears for sentence after she pleaded guilty in the Local Court to the following offences:

sequence 3 – dishonestly obtain property by deception contrary to section 192E(1)(a) Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment. When dealing with sequence 3 the offender asks the Court to take into account 1 count of dishonestly obtain property by deception on a Form 1.

sequence 6 – break enter and steal contrary to section 112(1)(a) Crimes Act 1900. The maximum penalty for the offence is 14 years imprisonment. When dealing with sequence 6 the offender also asks the Court to take into account 1 count of dishonestly obtain property by deception on a Form 1.

sequence 8 – aggravated break and enter and commit serious indictable offence contrary to section 112(2) Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment. When dealing with sequence 8 the offender also asks the Court to take into account 5 counts of dishonestly obtain property by deception and 1 count of enter dwelling with intent to steal on a Form 1.

sequence 17 – dishonestly obtain property by deception contrary to section 192E(1)(a) Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment. When dealing with sequence 17, the offender also asks the Court to take into account 4 counts of dishonestly obtain property by deception on a Form 1.

sequence 29 – aggravated enter dwelling contrary to section 111(1) Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment.

The parties presented an Agreed…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Longbottom

Details

AGLC: R v Longbottom [2018] NSWDC 351
Case: [2018] NSWDC 351
Decision Date: 23 November 2018

CaseChat Overview and Summary

The case of R v Longbottom involved the defendant, Longbottom, who was charged with multiple offences including obtaining property by deception, entering a dwelling with intent to steal, and aggravated break and enter and steal. The case was heard in a higher court in Australia, where Longbottom was ultimately sentenced. The key legal issues before the court were the appropriate sentencing factors to be considered given the nature and circumstances of the offences, including the presence of both aggravating and mitigating factors, and the application of sentencing principles to arrive at a just outcome.

The court had to consider various aggravating factors, such as the defendant's history of previous convictions and the fact that the offences were committed in the homes of the victims. It also had to weigh mitigating factors, including Longbottom's plea of guilty, his significant health problems, and the possibility of his rehabilitation. The court evaluated the objective seriousness of the offences, the need for general and specific deterrence, and the financial gain obtained by Longbottom. Furthermore, the court assessed whether Longbottom was acting under duress and the totality of the circumstances, including the special and exceptional hardship he faced. The court was tasked with ensuring that the sentence reflected the appropriate balance between punishment and rehabilitation.

In reaching its decision, the court thoroughly examined the totality of the circumstances, including the nature of the offences, the presence of both aggravating and mitigating factors, and the principles of sentencing. The court acknowledged Longbottom's plea of guilty and his health issues but also considered the seriousness of the offences and the need for deterrence. After careful deliberation, the court determined that the appropriate sentence should reflect both the objective seriousness of the crimes and the individual circumstances of Longbottom. The court ultimately arrived at a sentence that was deemed necessary for punishment, deterrence, and the rehabilitation of the defendant, while also considering the principles of totality and exceptional hardship.

The final orders of the court, detailed from paragraph [68] to [78], outline the specific sentence imposed on Longbottom, taking into account all the factors discussed. The court ensured that the sentence was proportionate to the offences committed and balanced the needs of justice with the potential for Longbottom's rehabilitation.

Orders

Orders of the court

See [68] to [78]

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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Medium Neutral Citation:	R v Longbottom [2018] NSWDC 351
Hearing dates:	26 October 2018
Date of orders:	23 November 2018
Decision date:	23 November 2018
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	See [68] to [78]
Catchwords:	CRIMINAL LAW – offences – dishonestly obtain property by deception – enter dwelling with intent to steal – aggravated break enter and steal – indictable offence SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – financial gain – record of previous convictions – offences committed in the home of the victim – good prospects of rehabilitation – plea of guilty – duress – significant health problems SENTENCING PRINCIPLES – remorse – totality – aggregate sentences – special circumstances – exceptional hardship OTHER – theft of credit cards and personal belongings from dwellings – use of stolen credit cards to purchase goods – acting under duress
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Dipangkear v R [2010] NSWCCA 156 at [34] Hoskins v R [2016] NSWCCA 157 at [63] R v Borkowski (2009) 195 A Crim R 1 at [32] R v Todorovic [2008] NSWCCA 49 R v Thomson & Houlton (2000) 49 NSWLR 383
Category:	Sentence
Parties:	R v Renee Longbottom
Representation:	Solicitors: ODPP (Regina) Aboriginal Legal Service (Defendant)
File Number(s):	2015/352260
Publication restriction:	None