R v MA (a pseudonym) - [2025] NSWDC 458

District Court

New South Wales

Medium Neutral Citation: R v MA (a pseudonym) [2025] NSWDC 458
Hearing dates: 5 November 2025
Date of orders: 7 November 2025
Decision date: 07 November 2025
Jurisdiction: Criminal
Before: Newlinds SC DCJ
Decision:
(1) In relation to Count 1, after taking into account the 25% discount for the plea of guilty with some rounding in his favour, the Offender is sentenced to a term of imprisonment of 10 years commencing on 4 June 2025 and expiring 3 June 2035.
(2) There will be a minimum non-parole period of 6 years, expiring 3 June 2031, which is the first day the Offender will become eligible for parole.

Catchwords:
CRIME — Break, enter and commit serious indictable offence — Offence being robbery
SENTENCING — Aggravating factors — $100,000 stolen — Elderly victim at home alone — Unnecessary and gratuitous violence — Significant planning and premeditation — Offender a serving New South Wales Police officer — Used information gained during execution of search warrant to commit offence — Breach of trust — General deterrence a weighty factor — Reaction of people on social media caused harm to victim over and above what ordinarily expected — Taken into account as aggravating facto under s 21A(2)(g)
SENTENCING — Subjective considerations on sentence — Special circumstances — Offender suffers serious mental issues — PTSD from trauma exposed to during career as police officer — Root cause of offending

Legislation Cited:
Crimes Act 1900 (NSW) s 112(2)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 5; s 21A(2)(g); s 28

Cases Cited:
Chung v R [2017] NSWCCA 48
Harris v R [2013] NSWCCA 296
O’Grady v R [2013] NSWCCA 281
R v Brewster [1998] 1 Cr App R 220
R v Ponfield (1999) 48 NSWLR 327

Category: Sentence
Parties: Rex (Crown)
MA (Offender)
Representation:
Counsel:
A Charleston (solicitor) (Crown)
S Howell (Offender)
Solicitors:
ODPP (Crown)
Morrisons Law (Offender)

File Number(s): 2024/395259
Publication restriction:
(1) The Offender be referred by the pseudonym “MA”.

(2) The publication of any of the following information is prohibited: Anything tending to reveal the identity of MA, in connection with these reasons or the evidence given in there proceedings.

(3) Orders (1) and (2) are to remain in force for 20 years from 5 November 2025.

(4) The Victim be referred to by the pseudonym “the Victim”.

(5) The publication of any information that may reveal the identity of the Victim in connection with these proceedings is prohibited.

(6) Orders (4) and (5) are to remain in force for 20 years from 5 November 2025.
(7) These orders are to apply to all media, including but not limited to print, radio, television, electronic, internet and social media.

JUDGMENT

The facts

As at 3 October 2024, the Offender, who I will refer to by the pseudonym “MA,” had been for about 9 years, a serving police officer in the NSW Police Force.
In that capacity, he had, in 2020, been involved in the execution of a search warrant at…

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 MA (a pseudonym)

Details

AGLC: R v MA (a pseudonym) [2025] NSWDC 458
Case: [2025] NSWDC 458
Decision Date: 07 November 2025

CaseChat Overview and Summary

In the matter of R v MA, the defendant was charged with breaking and entering, and committing a serious indictable offence, specifically robbery, against an elderly victim who was home alone. The case was heard in the Supreme Court of a certain jurisdiction. The dispute centred on the appropriate sentence for the defendant, a serving New South Wales Police officer, who had stolen $100,000 from the victim, and used information gained during the execution of a search warrant to commit the offence. The court had to determine the aggravating factors that should be considered in sentencing, including the significant planning and premeditation of the crime, the unnecessary and gratuitous violence used, and the breach of public trust inherent in the defendant’s actions.

The legal issues the court had to resolve included whether the reaction of people on social media, which caused harm to the victim beyond what is ordinarily expected, could be considered an aggravating factor under section 21A(2)(g). Additionally, the court had to weigh the subjective considerations of the defendant's serious mental issues, including post-traumatic stress disorder (PTSD) from trauma exposed to during his career as a police officer, as a mitigating factor against the aggravating circumstances of the crime. The court also had to decide the appropriate term of imprisonment and the minimum non-parole period.

The court held that several aggravating factors were present, including the significant planning and premeditation, the unnecessary and gratuitous violence, the breach of trust, and the reaction of people on social media. However, the court also took into account the defendant's serious mental issues, which were the root cause of his offending. The court found that general deterrence was a weighty factor given the breach of public trust. The court sentenced the defendant to a term of imprisonment of 10 years, with a minimum non-parole period of 6 years, which is the first day the defendant will become eligible for parole.

Orders

Orders of the court

(1) In relation to Count 1, after taking into account the 25% discount for the plea of guilty with some rounding in his favour, the Offender is sentenced to a term of imprisonment of 10 years commencing on 4 June 2025 and expiring 3 June 2035.

(2) There will be a minimum non-parole period of 6 years, expiring 3 June 2031, which is the first day the Offender will become eligible for parole.

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 MA (a pseudonym) [2025] NSWDC 458
Hearing dates:	5 November 2025
Date of orders:	7 November 2025
Decision date:	07 November 2025
Jurisdiction:	Criminal
Before:	Newlinds SC DCJ
Decision:	(1) In relation to Count 1, after taking into account the 25% discount for the plea of guilty with some rounding in his favour, the Offender is sentenced to a term of imprisonment of 10 years commencing on 4 June 2025 and expiring 3 June 2035. (2) There will be a minimum non-parole period of 6 years, expiring 3 June 2031, which is the first day the Offender will become eligible for parole.
Catchwords:	CRIME — Break, enter and commit serious indictable offence — Offence being robbery SENTENCING — Aggravating factors — $100,000 stolen — Elderly victim at home alone — Unnecessary and gratuitous violence — Significant planning and premeditation — Offender a serving New South Wales Police officer — Used information gained during execution of search warrant to commit offence — Breach of trust — General deterrence a weighty factor — Reaction of people on social media caused harm to victim over and above what ordinarily expected — Taken into account as aggravating facto under s 21A(2)(g) SENTENCING — Subjective considerations on sentence — Special circumstances — Offender suffers serious mental issues — PTSD from trauma exposed to during career as police officer — Root cause of offending
Legislation Cited:	Crimes Act 1900 (NSW) s 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW) s 5; s 21A(2)(g); s 28
Cases Cited:	Chung v R [2017] NSWCCA 48 Harris v R [2013] NSWCCA 296 O’Grady v R [2013] NSWCCA 281 R v Brewster [1998] 1 Cr App R 220 R v Ponfield (1999) 48 NSWLR 327
Category:	Sentence
Parties:	Rex (Crown) MA (Offender)
Representation:	Counsel: A Charleston (solicitor) (Crown) S Howell (Offender) Solicitors: ODPP (Crown) Morrisons Law (Offender)
File Number(s):	2024/395259
Publication restriction:	(1) The Offender be referred by the pseudonym “MA”. (2) The publication of any of the following information is prohibited: Anything tending to reveal the identity of MA, in connection with these reasons or the evidence given in there proceedings. (3) Orders (1) and (2) are to remain in force for 20 years from 5 November 2025. (4) The Victim be referred to by the pseudonym “the Victim”. (5) The publication of any information that may reveal the identity of the Victim in connection with these proceedings is prohibited. (6) Orders (4) and (5) are to remain in force for 20 years from 5 November 2025. (7) These orders are to apply to all media, including but not limited to print, radio, television, electronic, internet and social media.