District Court
New South Wales
Medium Neutral Citation: R v McMahon; R v Robb [2017] NSWDC 476 Hearing dates: 29 September 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: With respect to McMahon: head sentence of 5 and a half years, 3 and a half years NPP
With respect to Robb: head sentence of 5 and a half years, 3 and a half years NPPCatchwords: CRIME — Property offences — Destroying or damaging property — In company — Co-offenders — Arson — Extensive damage to premises — SENTENCING — Sentence after Trial — Penalties — Full time imprisonment Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) ActCases Cited: Cohen v R [2011] NSWCCA 165
Newton v State of Western Australia [2006] WASCA 247
Porter v The Queen [2008] NSWCCA 145
R v Baker [2000] NSWCCA 27
R v Elzakhem [2008] NSWCCA 31
R v Glover [2002] NSWCCA 376
R v Hemsley [2004] NSWCCA 228
R v Olbrich [1999] HCA 54; 199 CLR 270
R v Pitt [2001] NSWCCA 156
R v Shahrouk [2014] NSWCCA 87
R v VAA [2006] NSWCCA 44
Ruge and Cormack v R [2015] NSWCCA 153
Simms v R [2014] NSWCCA 286
Watts v R [2010] NSWCCA 315Category: Sentence Parties: Regina (Crown)
McMahon (Offender)
Robb (Offender)Representation: Counsel:
Ms S Oliver as Crown Prosecutor
Mr I Wallach for Accused McMahon
Mr J Carty for Accused Robb
File Number(s): 2014/00236082; 2014/00242772
Judgment
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On 6 March 2014, a two‑storey four‑bedroom brick house at 35 Rickards Road, Sandy Beach was destroyed by fire. The two offenders, Jamie McMahon and Sharon Robb, together with various of their respective children, had lived in the premises in a de-facto relationship for the better part of the previous eight years. Investigations into the cause of the fire led to suspicion falling upon Mr McMahon and Ms Robb who had been seen leaving the premises a short while before it became totally engulfed by fire.
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On 28 March 2017, the two offenders pleaded not guilty in the District Court at Coffs Harbour to an indictment that they had, in company with each other, intentionally destroyed the house at 35 Rickards Road, Sandy Beach by fire contrary to the provisions of s 195(1A)(b) of the Crimes Act 1900. On 7 April 2017, the jury returned verdicts of guilty against both offenders.
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Following the verdicts of guilty by the jury, each of the offenders was remanded in custody from 10 April 2017. Each of them had been on bail prior to that date, although Mr McMahon had served some earlier period of time in custody with respect to the offence.
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Proceedings on sentence were heard by me on 29 September 2017.
THE OFFENCE
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An act of intentionally or recklessly destroying or damaging property belonging to another person constitutes an offence contrary to the provisions of s 195 of the Crimes Act 1900. That section proscribes a number of variants of the…
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- AGLC
- R v McMahon; R v Robb [2017] NSWDC 476
- Case
- [2017] NSWDC 476
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the crime, the level of premeditation, the extent of the damage caused, and the respective roles of the appellants in the offence. It considered the principles of sentencing for co-offenders and the need for deterrence and denunciation. The court also weighed the appellants' backgrounds and the potential for rehabilitation. In its reasoning, the court emphasised the gravity of the offence and the significant harm caused, highlighting the necessity for a sentence that would adequately reflect the seriousness of the crime. The court concluded that the sentences imposed, including a head sentence of five and a half years and a non-parole period of three and a half years for each appellant, were appropriate given the circumstances. The penalties were deemed sufficient to meet the objectives of punishment, deterrence, and protection of the community.
The court's decision was to uphold the sentences imposed on both McMahon and Robb. The reasoning focused on the need for a strong message against such destructive acts, particularly those committed in company. The penalties were seen as necessary to uphold the integrity of the justice system and to deter similar offences in the future. The court found that the sentences were proportionate to the offence and reflected the gravity of the crime. The final orders of the court were to confirm the sentences imposed on both appellants, with a head sentence of five and a half years and a non-parole period of three and a half years for each.
Orders
Orders of the court
With respect to McMahon: head sentence of 5 and a half years, 3 and a half years NPP
With respect to Robb: head sentence of 5 and a half years, 3 and a half years NPP
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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