District Court
New South Wales
Medium Neutral Citation: R v Mitchell [2020] NSWDC 293 Hearing dates: 1 May 2020 Decision date: 01 May 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of seven years and six months with a non‑parole period of four years and four months.
Catchwords: SENTENCING - attempt home invasion - break and enter a dwelling knowing there were people inside, intending to commit the serious indictable offence of intimidation while armed with a dangerous weapon - firearm discharged - fire a firearm with reckless disregard for the safety of another person.
SENTENCING - relevant factors on sentence - after trial -objectively very serious offences - on parole - serving sentence for other offense committed in same period – accumulation required- totality principle applied - long criminal history - institutionalised offender - history of profound deprivation - need for structured release to the community – special circumstances.Legislation Cited: Crimes Act 1900 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Cahyadi v Regina [2007] NSWCCA 1; (2007) 168 A Crim R 41
Engert v R (1995) 84 A Crim R 67
Jackson v R [2010] NSWCCA 162
Jinette [2012] NSWCCA 217
Mill v The Queen (1988) 166 CLR 59
R v Clinch (1994) 72 A Crim R 301
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Mitchell; R v Zeiser [2019] NSWDC 369
Simpson (2001) NSWCCA 534
Veen v The Queen (No 2) (1988) 164 CLR 465Category: Sentence Parties: Richard Anthony Mitchell (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr S Fraser. Public Defender (for the offender)
Mr S Schaudin (for the Director of Public Prosecutions)
Legal Aid NSW (for the offender)
File Number(s): 2018/00272488
SENTENCE – EX TEMPORE REVISED
-
In the early hours of 1 August 2017 a loud banging disturbed the residents of a home in Warilla, south of Wollongong. By the time three of the residents got to the front door it was straining under repeated kicks. Two male residents braced themselves against the door to prevent it being forced open.
-
A glass pane in the door was smashed by the butt of a gun. A gloved hand came through the hole in the glass and went to open the door's latch. A resident used a hockey stick to bash the hand. It was withdrawn, only to reappear and be bashed again. The gun was then put through the hole where the glass had been.
-
A female resident saw the gun and its sight. She saw a man aim at her along the gun-sight. She saw he was wearing a balaclava with “one big hole.” She described what she could see of his face as "Aboriginal", with olive skin lighter than the darker ash brown of his arm. Another resident described the man as having “olive skin.” A third noticed the man’s hand had a gold watch on its wrist above where the glove ended.…
Continue reading R v Mitchell
Sign in free to access the full text
- AGLC
- R v Mitchell [2020] NSWDC 293
- Case
- [2020] NSWDC 293
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence, considering the gravity of the offence and relevant mitigating and aggravating factors. The judge emphasised the very serious nature of the offences committed post-trial, alongside the defendant’s parole status and his concurrent sentence for another offence committed in the same period. The court applied the totality principle, assessing the overall criminal history of the defendant, who had a long history of criminal activity and was institutionalised. Additionally, the court recognised the defendant’s history of profound deprivation and the need for a structured release to the community. The special circumstances surrounding the case were also taken into account.
The court concluded that an aggregate sentence was necessary, considering the totality of the defendant's criminal history and the need for structured release. The sentence comprised a total of seven years and six months, with a non-parole period of four years and four months. This decision balanced the need for punishment and deterrence with the principles of justice and rehabilitation.
Orders
Orders of the court
Aggregate sentence of seven years and six months with a non‑parole period of four years and four months.
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
Full text does not contain this section.