R v Marley Dargin - [2021] NSWDC 179

District Court

New South Wales

Medium Neutral Citation: R v Marley Dargin [2021] NSWDC 179
Hearing dates: 27 February 2020
5 March 2020
20 April 2020
30 November 2020
15 February 2021
12 April 2021
15 April 2021
Date of orders: 15 April 2021
Decision date: 15 April 2021
Jurisdiction: Criminal
Before: Montgomery DCJ
Decision:
See Orders

Catchwords:
CRIME — Appeal and review — Appeal from Local Court to District Court — By person sentenced against sentence
CRIME — Fraud — Dishonestly obtain financial advantage by deception
CRIME — Fraud — Dishonestly obtain property by deception
CRIME — Property offences — Break, enter and commit serious indictable offence
CRIME — Property offences — Receiving
CRIME — Property offences — Take and drive a conveyance

Legislation Cited:
Crimes Act 1900 (NSW) ss 93C(1), 111(2), 117, 118(1) , 154A(1)(a), 192E(1)(a), 192E(1)(b)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 11, 53A

Cases Cited:
Bugmy v The Queen (2013) 249 CLR 571
R v Ponfield; R v Scott; R v Ryan and R v Johnson (1991) 48 NSWLR 327; [1999] NSWCCA 435

Category: Principal judgment
Parties: Regina (DPP)
Marley Dargin (Offender)
Representation: Ms Kim, Solicitor Advocate for the Director of Public Prosecutions
Mr Cassels for the Offender

File Number(s): 2019/00306922 - R v Marley DARGIN
2018/00363695 - R v Marley DARGIN
2019/00028165 - R v Marley DARGIN
2019/00293408 - R v Marley DARGIN
2019/00306994 - R v Marley DARGIN
2019/00356772 - R v Marley DARGIN
Decision under appeal

Court or tribunal:

Local Court of NSW

Jurisdiction:

Criminal

Citation:

Unreported

Date of Decision:

31 January 2020

Before:

Magistrate Toose

File Number(s):

2018/00363695 - R v Marley DARGIN
2019/00028165 - R v Marley DARGIN
2019/00293408 - R v Marley DARGIN
2019/00306994 - R v Marley DARGIN
2019/00356772 - R v Marley DARGIN

Judgment (Ex Tempore)

Thank you. Now, I should also say that I will in my reasons identify the 11 matters before me as counts 1 to 11. Count 1 of course being a matter not the subject of the Severity Appeal but a fresh matter before the Court for sentence. The count referred to as count 7 was the subject of a plea of guilty and sentence below, the plea of guilty entered on 1 October 2019, the sentence below ordered on 31 January 2020. When the plea was entered below, there were facts in the Court Attendance Notice.
For efficiency of proceeding today, in a course which the Court applauds as of great assistance in avoiding the frustration of the matter being remitted to the Local Court, the parties have as a matter of practise, whether or not it be required by law, presented to the Court amended agreed facts in relation to counts 6 and 7. When I say amended, the agreed facts in relation to count 6 are identical to those before the learned Magistrate below. But to the document has been added the facts of count 7 which facts are identical to those as they were stated…

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 Marley Dargin

Details

AGLC: R v Marley Dargin [2021] NSWDC 179
Case: [2021] NSWDC 179
Decision Date: 15 April 2021

CaseChat Overview and Summary

The appeal was brought before the District Court of New South Wales by Marley Dargin, who sought to overturn his conviction and sentence imposed by the Local Court. The Local Court had found Dargin guilty of multiple charges including fraud, receiving stolen property, and unauthorized use of a motor vehicle. The charges stemmed from an incident where Dargin allegedly deceived an individual to obtain a financial advantage, entered a property without permission, and used a conveyance without the owner's consent. The District Court was tasked with reviewing the conviction and sentence to determine if any errors occurred during the Local Court proceedings that might necessitate a different outcome.

The primary legal issues before the District Court revolved around the sufficiency of the evidence presented to the Local Court and whether the findings of fact were reasonably open to the Local Court on the evidence. Specifically, the court had to examine whether the prosecution proved beyond reasonable doubt that Dargin committed the acts of fraud, unauthorized entry, and unauthorized use of a motor vehicle. Additionally, the court needed to assess whether the sentence imposed was appropriate in the circumstances.

The District Court, after reviewing the evidence and arguments, found that the Local Court's findings of guilt were supported by the evidence and no error of law had occurred. The court held that the evidence was sufficient to establish that Dargin had engaged in the fraudulent acts and unauthorized use of property. The reasoning of the District Court emphasized that the prosecution had met the burden of proof, and the sentence was neither excessive nor inappropriate given the nature and circumstances of the offences. Consequently, the appeal was dismissed, and the original conviction and sentence were upheld.

No further orders were made by the District Court. The conviction and sentence imposed by the Local Court remained in effect.

Orders

Orders of the court

See Orders

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Marley Dargin [2021] NSWDC 179
Hearing dates:	27 February 2020 5 March 2020 20 April 2020 30 November 2020 15 February 2021 12 April 2021 15 April 2021
Date of orders:	15 April 2021
Decision date:	15 April 2021
Jurisdiction:	Criminal
Before:	Montgomery DCJ
Decision:	See Orders
Catchwords:	CRIME — Appeal and review — Appeal from Local Court to District Court — By person sentenced against sentence CRIME — Fraud — Dishonestly obtain financial advantage by deception CRIME — Fraud — Dishonestly obtain property by deception CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Property offences — Receiving CRIME — Property offences — Take and drive a conveyance
Legislation Cited:	Crimes Act 1900 (NSW) ss 93C(1), 111(2), 117, 118(1) , 154A(1)(a), 192E(1)(a), 192E(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5, 11, 53A
Cases Cited:	Bugmy v The Queen (2013) 249 CLR 571 R v Ponfield; R v Scott; R v Ryan and R v Johnson (1991) 48 NSWLR 327; [1999] NSWCCA 435
Category:	Principal judgment
Parties:	Regina (DPP) Marley Dargin (Offender)
Representation:	Ms Kim, Solicitor Advocate for the Director of Public Prosecutions Mr Cassels for the Offender
File Number(s):	2019/00306922 - R v Marley DARGIN 2018/00363695 - R v Marley DARGIN 2019/00028165 - R v Marley DARGIN 2019/00293408 - R v Marley DARGIN 2019/00306994 - R v Marley DARGIN 2019/00356772 - R v Marley DARGIN
Decision under appeal	Court or tribunal: Local Court of NSW Jurisdiction: Criminal Citation: Unreported Date of Decision: 31 January 2020 Before: Magistrate Toose File Number(s): 2018/00363695 - R v Marley DARGIN 2019/00028165 - R v Marley DARGIN 2019/00293408 - R v Marley DARGIN 2019/00306994 - R v Marley DARGIN 2019/00356772 - R v Marley DARGIN