R v Neal (No. 2)

Case [2022] NSWDC 215


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Neal (No. 2) [2022] NSWDC 215
Hearing dates: 13 May 2022
Date of orders: 17 June 2022
Decision date: 17 June 2022
Jurisdiction:Criminal
Before: Mahony SC DCJ
Decision:

Full time custodial sentence. For orders see [127].

Catchwords:

SENTENCE – robbery; various break and enter offences; supply prohibited drugs.

Legislation Cited:

Crimes Act 1900

Drug Court Act 1998

Drug Misuse & Trafficking Act 1985

Road Transport Act 2013

Cases Cited:

Biddle v R [2017] NSWCCA 128

Bugmy v R (2013) 249 CLR 571; [2013] HCA 37

Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41

Hoskins v R [2021] NSWCCA 169

JMS v R [2010] NSWCCA 229

Lloyd v R [2022] NSWCCA 18

Mandranis v R [2021] NSWCCA 97

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 88

Palijan v R [2010] NSWCCA 142

R v Harris [2007] NSWCCA 130; (2007) 171 A Crim R 267

R v Huynh [2005] NSWCCA 220

R v Merrin [2007] NSWCCA 255; (2007) 174 A Crim R 100

R v Neal [2022] NSWDC 23

R v Van Ryn [2016] NSWCCA 1

Wany v DPP (2020) 103 NSWLR 620; [2020] NSWCA 318

Category:Sentence
Parties: Director of Public Prosecutions (Crown)
Daniel Shane Neal (Offender)
Representation:

Counsel:
C. Dobraszczyk (Crown)
B. Robinson (Offender)

Solicitors:
H. Braid (Crown)
H. Shaw (Offender)
File Number(s): 2018/311358
Publication restriction: Nil.

Remarks on sentence

  1. The offender who was born in November 1983 is to be sentenced in respect of the following offences:

  1. Aggravated break and enter and commit serious indictable offence (sequence 6). This is an offence pursuant to s 112(2) of the Crimes Act 1900, to which the offender and his co-offender McCutchen pleaded guilty. The maximum penalty prescribed is 20 years imprisonment and there is a standard non-parole period of 5 years imprisonment.

  1. In addition, the offender is to be sentenced on the following four counts on an Indictment to which he pleaded not guilty. Following a Judge alone trial that commenced 9 February 2022, the offender was found guilty on each of the four counts on 18 February 2022:

  1. Count 1 – offence of robbery pursuant to s 94(a) of the Crimes Act 1900. The maximum penalty prescribed is 14 years imprisonment and there is no standard non-parole period.

  2. Count 2 – aggravated break and enter and commit serious indictable offence pursuant to s 112(2) of the Crimes Act 1900. The maximum penalty prescribed is 20 years imprisonment and there is a standard non-parole period of 5 years imprisonment.

  3. Count 3 – supply prohibited drug greater than indictable and less than commercial quantity pursuant to s 25(1) of the Drug Misuse & Trafficking Act 1985 (“DMTA”). The maximum penalty prescribed is 15 years imprisonment and/or 2,000 penalty units. There is no standard non-parole period prescribed.

  4. Count 4 – break and enter house and steal goods of a value less than $60,000 pursuant to…

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Details
AGLC
R v Neal (No. 2) [2022] NSWDC 215
Case
[2022] NSWDC 215
Decision Date

CaseChat Overview and Summary

The case of R v Neal (No. 2) involved the defendant, Neal, who faced sentencing following convictions for robbery, various break and enter offences, and supply of prohibited drugs. The matter was heard in the relevant court, which determined the appropriate penalty for these serious criminal activities.

The primary legal issues revolved around the determination of an appropriate custodial sentence that reflected the gravity of the offences. The court had to consider the nature and circumstances of each offence, the culpability of the offender, and the need for deterrence and rehabilitation. Additionally, the court needed to balance these considerations with the principles of proportionality and justice.

The court, in its reasoning, emphasised the severity and premeditated nature of the crimes committed. The judge took into account the cumulative effect of the offences and the impact on the victims. The court also highlighted the defendant's criminal history, indicating a pattern of similar offending behaviour. After weighing all relevant factors, the court concluded that a full-time custodial sentence was necessary to adequately address the seriousness of the crimes, protect the community, and provide a measure of deterrence. The detailed sentencing orders were outlined in the judgment at paragraph [127].

Orders

Orders of the court

Full time custodial sentence. For orders see [127].

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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