R v McLaws - [2019] NSWDC 933

District Court

New South Wales

Medium Neutral Citation: R v McLaws [2019] NSWDC 933
Hearing dates: 5 July 2019
Decision date: 05 July 2019
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to a term of imprisonment of 2 years 5 months; non-parole period 1 year.

Catchwords:
Crime – sentence – robbery in company – being carried in conveyance taken without consent of owner – lesser role than co-offenders – no convictions as an adult – dysfunctional upbringing – history of alcohol and drug abuse – propensity for risk taking – lack of maturity– offence committed whilst on bail – plea of guilty – special circumstances – mentoring – Aboriginality.

Legislation Cited:
Crimes Act1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Attorney General’s Application No 1 (2002) 56 NSWLR 147
Bugmy v R [2013] HCA 37
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Helmsleyv R [2004] NSWCCA 228
Kentwell v R (No 2) [2015] NSWCCA 96
KR v R [2012] NSWCCA 32
R v BP [2010] NSWCCA 159
R v Engert (1995) 84 A CRIMR 67
R v Henry [1999] NSWCCA 111
Thompson and Houltonv R [2000] NSWCCA 309

Category: Sentence
Parties: Regina (Crown)
Lucas McLaws (offender)
Representation: Solicitors:
Mr W Sit (Crown)
Mr Rees (Offender)

File Number(s): 2017/00341143
Publication restriction: No

Judgment

Lucas McLaws appears for sentence today in relation to an offence he pleaded guilty to on indictment when arraigned on 26 March 2019.
That charge alleged that he, on 17 October 2017 in the State of New South Wales, did rob Resham Singh of certain property, namely, $350 in Australian currency, 30 packets of cigarettes, a backpack containing an Apple MacBook computer and personal items, the property of the said Resham Singh, at 7‑Eleven Glebe, whilst in the company of Antonio Funagavaka, Rhys Pouga and Rocky Paugh.
There is a matter on a Form 1 to be taken into account, and that is an offence committed on the same day, of being carried in a conveyance, taken without the consent of the owner. The offence occurring at Bidwell. That Form 1 matter will be referred to in a moment, in the context of the facts of the case.
There is a Statement of Agreed Facts, but before I turn to that, there is some contextual history that is relevant for two reasons. One, to put into context the offender’s criminality with the conduct of his co‑accused, and also to identify the issue of what discount is available for the utilitarian benefit of the plea of guilty.
The history of the matter is set out very helpfully by the Crown in the Crown’s Sentence Summary. I will cite parts of that detailed material.
The prisoner was committed for trial from the Local Court in relation to five charges of robbery whilst armed with an offensive weapon and one charge of robbery in company, causing either wounding or grievous bodily harm. The precise particulars of those charges I do not know and it does…

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 McLaws

Details

AGLC: R v McLaws [2019] NSWDC 933
Case: [2019] NSWDC 933
Decision Date: 05 July 2019

CaseChat Overview and Summary

The case of R v McLaws involved the defendant, McLaws, who was convicted of participating in a robbery while being carried in a conveyance taken without the owner's consent. The court heard the case in an Australian jurisdiction, and the defendant pled guilty to the charge. The matter was heard in the Supreme Court, where the presiding judge was tasked with determining an appropriate sentence. The legal issues before the court included the defendant's lesser role in the offence compared to his co-offenders, his lack of prior convictions as an adult, his dysfunctional upbringing, history of substance abuse, and his propensity for risk-taking and lack of maturity. Additionally, the court considered that the offence was committed while the defendant was on bail for another matter, and the potential for rehabilitation through mentoring and addressing his Aboriginality.

The court recognised the special circumstances surrounding McLaws' case, including his disadvantaged background and the potential for rehabilitation. The judge noted the defendant's guilty plea and the lesser role he played in the commission of the offence compared to his co-offenders. Furthermore, the court acknowledged McLaws' history of alcohol and drug abuse, as well as his lack of maturity and propensity for risk-taking. The judge also considered the fact that the offence was committed while the defendant was on bail for another matter, which demonstrated a disregard for the legal system. However, the court also took into account the potential for rehabilitation through mentoring and addressing McLaws' Aboriginality.

In light of the aforementioned factors, the court sentenced McLaws to a term of imprisonment of 2 years and 5 months, with a non-parole period of 1 year. The judge considered it appropriate to impose a sentence that reflected the seriousness of the offence, while also taking into account the defendant's special circumstances and potential for rehabilitation. The court believed that this sentence would provide an opportunity for McLaws to address the underlying issues that contributed to his offending behaviour and reduce the likelihood of reoffending in the future.

The orders of the court were that McLaws be sentenced to a term of imprisonment of 2 years and 5 months, with a non-parole period of 1 year. The court believed that this sentence would provide an opportunity for the defendant to address the underlying issues that contributed to his offending behaviour and reduce the likelihood of reoffending in the future. The sentence also reflected the seriousness of the offence and the need to maintain public confidence in the criminal justice system.

Orders

Orders of the court

Sentenced to a term of imprisonment of 2 years 5 months; non-parole period 1 year.

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 McLaws [2019] NSWDC 933
Hearing dates:	5 July 2019
Decision date:	05 July 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to a term of imprisonment of 2 years 5 months; non-parole period 1 year.
Catchwords:	Crime – sentence – robbery in company – being carried in conveyance taken without consent of owner – lesser role than co-offenders – no convictions as an adult – dysfunctional upbringing – history of alcohol and drug abuse – propensity for risk taking – lack of maturity– offence committed whilst on bail – plea of guilty – special circumstances – mentoring – Aboriginality.
Legislation Cited:	Crimes Act1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application No 1 (2002) 56 NSWLR 147 Bugmy v R [2013] HCA 37 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Helmsleyv R [2004] NSWCCA 228 Kentwell v R (No 2) [2015] NSWCCA 96 KR v R [2012] NSWCCA 32 R v BP [2010] NSWCCA 159 R v Engert (1995) 84 A CRIMR 67 R v Henry [1999] NSWCCA 111 Thompson and Houltonv R [2000] NSWCCA 309
Category:	Sentence
Parties:	Regina (Crown) Lucas McLaws (offender)
Representation:	Solicitors: Mr W Sit (Crown) Mr Rees (Offender)
File Number(s):	2017/00341143
Publication restriction:	No