R v Missingham

[2024] NSWDC 512

District Court

New South Wales

Medium Neutral Citation:

R v Missingham [2024] NSWDC 512

Hearing dates:

18 October 2024

Date of orders:

31 October 2024

Decision date:

31 October 2024

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Full-time custodial order. See [68]-[70]

Catchwords:

Robbery in company; application of guideline judgment

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159

Foaiaulima v R (2020) 285 A Crim R 222; [2020] NSWCCA 270

Hiron v R [2018] NSWCCA 10

KT v R (2008) 2008 A Crim R 112; [2008] NSWCCA 51

Legge v R [2007] NSWCCA 244

Lowe v the Queen (1984) 154 CLR 606; [1984] HCA 46

Marshall v R [2024] NSWCCA 194

R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111

Category:

Sentence

Parties:

Luke Missingham (the offender)
Director of Public Prosecutions (NSW) (the Crown)

Representation:

Counsel:
Ms M Cusack (the offender)
Mr G Kidd (the Crown)

Solicitors:
Mr G Gallagher (the offender)
Ms O’Bryan (the Crown)

File Number(s):

2022/326188

Publication restriction:

Nil.

REMARKS ON SENTENCE

1. On 4 July 2024 the offender pleaded not guilty to Count 3 on an Indictment as follows:-

“(3) On or about 12 February 2022, at North Gosford in the State of New South Wales, while in the company of Brock Pearson, “RS”, Darius Bagang, Ethan Gualdi and each other, robbed Brandon Alamango of cash and a gold watch, the property of Brandon Alamango.”

2. On 17 July 2024 the jury delivered a verdict of guilty. Count 3 is an offence pursuant to s97(1) of the Crimes Act 1900 (“the CA”) and carries a maximum penalty of 20 years imprisonment. There is no standard non-parole period prescribed.

3. The offender is to be sentenced in accordance with the following facts derived from the jury verdict. On 11 February 2022 the offender was drinking at a hotel in Newcastle with Brock Pearson, Bailey Steele and Hayden Taylor. Pearson was a drug dealer who had been trying to contact Jesse Tarasenko about what was claimed to be a drug debt. The evidence established that Pearson and Tarasenko had entered into an arrangement in January 2022 for Tarasenko to sell cocaine on behalf of Pearson following which he was to pay Pearson for the cocaine by delivering it to an associate, RS who lived closer to Tarasenko. The evidence established that Tarasenko was avoiding Pearson and not responding to his phone calls and text messages.

4. On the same night RS was attending a meeting of the Nomads OMCG in Sydney as a prospective member. He had told another member about the alleged drug debt and was instructed by the Sergeant-at-Arms to travel to Terrigal with two other prospective members, Ethan Gualdi and Darius Bagang, to mete out severe punishment to Tarasenko. The three men then travelled from Sydney to Terrigal at the same time that the offender was travelling in Pearson’s car with the two other men…