R v Pughe - [2019] NSWDC 897

District Court

New South Wales

Medium Neutral Citation: R v Pughe [2019] NSWDC 897
Hearing dates: 1 November 2019
Date of orders: 07 November 2019
Decision date: 07 November 2019
Jurisdiction: Criminal
Before: Bright DCJ
Decision:
Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 13 years and 4 months to date from 28 December 2018 and expire on 27 April 2032 with a non-parole period of 8 years to date from 28 December 2018 and expire on 27 December 2026.
The earliest date upon which the offender will be eligible for parole is 27 December 2026.
Catchwords: CRIMINAL – sentence – demand with menaces by accusation that person has committed a serious indictable offence – demand with menaces intending to obtain a gain or cause a loss – importance of general deterrence - parity
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Attorney General’s Reference No 40 of 2002 (John Alexander Collard) [2003] 1 Cr App R (5) 98
Bugmy v The Queen [2013] HCA 37
Cahyadi v R [2007] NSWCCA 1
Director of Public Prosecutions (Commonwealth) v De La Rosa [2010] NSWCCA 194
R v Barroso [1998] VSC 249
R v Hadjou (1989) 11 Cr App R (S)29
R v Son Vo [1998] VSC 319
R v Turner [2019] NSWDC 618
The Queen v Son Vo [1998] VSC 319
Category: Sentence
Parties: Regina (Crown)
Robert Pughe (the Offender)
Representation:
Counsel:
Mr D Murray (for the Offender)
Solicitors:
Ms C Hodgeman (for the Crown)

File Number(s): 2017/00326284
Publication restriction: Nil

SENTENCE

Robert Pughe (31 years) appears for sentence in relation to the following 10 offences:
Count 1 - one offence of demand with menaces by accusation that person has committed a serious indictable offence ($20,000)(section 249K(2), Crimes Act). The maximum prescribed penalty for this offence is 14 years imprisonment. There is no prescribed standard non-parole period.
When dealing with the offender for that offence the court is taking into account a further 5 offences on a Form 1 of demand with menaces intending to obtain a gain (section 249K(1)(a), Crimes Act) (H65973646 sequence 4 ($25,000), sequence 5 ($30,000), sequence 6 ($64,000), sequence 12 ($37,700) and sequence 15 ($20,000). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
Count 2 ($30,000), count 3 ($50,000), count 4 ($18,000), count 5 ($16,240), count 6 ($4,115), count 7 ($243,000), count 8 ($39,900), count 9 ($16,000), count 10 (no funds gained) - 9 offences of demand money with menaces intending to obtain a gain (section 249K(1)(a), Crimes Act). The maximum prescribed penalty for each of these offences is 10 years imprisonment. There is no prescribed standard non-parole period.
The offender pleaded guilty on 18 July 2019 at the Gosford District Court. The pleas were entered at arraignment.…

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 Pughe

Details

AGLC: R v Pughe [2019] NSWDC 897
Case: [2019] NSWDC 897
Decision Date: 07 November 2019

CaseChat Overview and Summary

The case of R v Pughe involved the offender, who was charged with committing a serious crime of demanding with menaces. The dispute arose out of an accusation that the offender had demanded money from another person under the threat that they had committed a serious indictable offence. The offender was brought before the court to determine the appropriate sentence. The court was tasked with deciding the legal issues surrounding the offence of demanding with menaces, the intention behind the demand, and the importance of general deterrence in sentencing. Additionally, the court had to consider the principle of parity in sentencing.

The court examined the nature of the offence and the offender’s intention, finding that the demand was made with the intention to obtain a gain or cause a loss. The court highlighted the importance of general deterrence in sentencing, stating that a significant sentence was necessary to discourage similar conduct in the future. The court also considered the principle of parity, ensuring that the sentence was commensurate with similar cases. After weighing these factors, the court determined that the appropriate sentence for the offender was a total aggregate sentence of 13 years and 4 months, with a non-parole period of 8 years.

The court’s reasoning and decision reflect the seriousness of the offence and the need for a significant sentence to deter future conduct. The sentence imposed ensures that the offender is held accountable for their actions while also serving the broader purpose of general deterrence. The non-parole period of 8 years further ensures that the offender will spend a substantial amount of time in custody before being considered for parole. The final orders of the court reflect the court's determination that the sentence is just and appropriate for the offence committed.

Orders

Orders of the court

Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 13 years and 4 months to date from 28 December 2018 and expire on 27 April 2032 with a non-parole period of 8 years to date from 28 December 2018 and expire on 27 December 2026.

The earliest date upon which the offender will be eligible for parole is 27 December 2026.

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 Pughe [2019] NSWDC 897
Hearing dates:	1 November 2019
Date of orders:	07 November 2019
Decision date:	07 November 2019
Jurisdiction:	Criminal
Before:	Bright DCJ
Decision:	Taking into account the Form 1 matters, the offender is sentenced to a total aggregate sentence of 13 years and 4 months to date from 28 December 2018 and expire on 27 April 2032 with a non-parole period of 8 years to date from 28 December 2018 and expire on 27 December 2026. The earliest date upon which the offender will be eligible for parole is 27 December 2026.
Catchwords:	CRIMINAL – sentence – demand with menaces by accusation that person has committed a serious indictable offence – demand with menaces intending to obtain a gain or cause a loss – importance of general deterrence - parity
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Attorney General’s Reference No 40 of 2002 (John Alexander Collard) [2003] 1 Cr App R (5) 98 Bugmy v The Queen [2013] HCA 37 Cahyadi v R [2007] NSWCCA 1 Director of Public Prosecutions (Commonwealth) v De La Rosa [2010] NSWCCA 194 R v Barroso [1998] VSC 249 R v Hadjou (1989) 11 Cr App R (S)29 R v Son Vo [1998] VSC 319 R v Turner [2019] NSWDC 618 The Queen v Son Vo [1998] VSC 319
Category:	Sentence
Parties:	Regina (Crown) Robert Pughe (the Offender)
Representation:	Counsel: Mr D Murray (for the Offender) Solicitors: Ms C Hodgeman (for the Crown)
File Number(s):	2017/00326284
Publication restriction:	Nil