R v Raymonde; R v Raymonde - [2019] NSWDC 355

District Court

New South Wales

Medium Neutral Citation: R v Raymonde; R v Raymonde [2019] NSWDC 355
Hearing dates: 17 May 2019
Date of orders: 17 May 2019
Decision date: 17 May 2019
Jurisdiction: Criminal
Before: Hunt DCJ
Decision:
Carol Anne Raymonde – Convicted – Make a finding of special circumstances - Sentenced to imprisonment for 3 years and 9 months with a non-parole period of 2 years and 9 months.
For the breach of the s10 bond – dealt with under s10A convicted with no further penalty – disqualified from driving for 6 months.
Yvonne Raymonde – Convicted – Make a finding of special circumstances – Sentenced to an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months.
For each matter on s166 certificate sentenced to fixed terms of imprisonment for a period of 2 months.
Catchwords: CRIMINAL LAW – Sentence – s166 – Joint criminal enterprise – Specially aggravated detention in company – Intent to obtain financial advantage – Assault – Actual bodily harm - Damage property - Enter land with intent to commit indictable offence –Both offenders on conditional liberty at time of offending – Using carriage service to menace
Legislation Cited: Crimes Act
Criminal Procedure Act.
Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571.
R v Newell [2004] NSWCCA 183
DPP (Commonwealth) v De La Rosa (2010) 205 A Crim R 1; (2010) 79 NSWLR 1;
Category: Sentence
Parties: The Crown
Yvonne Raymonde – Offender
Carol Anne Raymonde - Offender
Representation:
Counsel:
Mr G Hoare – Offender Yvonne Raymonde
Ms C Dooley – Offender Carol Raymonde
Solicitors:
Director of Public Prosecutions – The Crown

File Number(s): 2017/682382017/1212252017/3868922017/386887

Judgment

HIS HONOUR: Carol Anne Raymonde is before the Court for sentence in relation to one offence. She participated in a specially aggravated detention in company, with the intention to obtain a financial advantage during which actual bodily harm was occasioned to the victim, in breach of s 86(3) of the Crimes Act. That matter has provision for a maximum penalty of 25 years. I will take into account a maximum penalty as a bench mark or a yardstick in a way contemplated by the authorities. No standard non-parole period has application.
It is common ground between the parties that Ms Raymonde has been in custody continuously in relation to this offence since the 21 December 2017. It is inevitable, in my view, that full-time sentence of imprisonment be imposed and it is common ground between the parties that that sentence should date from 21 December 2017.
Yvonne Raymonde is the daughter of Carol Anne Raymonde. She is before the Court for a range of offences. She is to be sentenced in relation to a detention, especially aggravated detention in company with the intent to obtain a financial advantage during which actual bodily harm was occasioned to the victim, in breach of s 86(3) of the Crimes Act

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.

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Details

Case: [2019] NSWDC 355
Decision Date: 17 May 2019

CaseChat Overview and Summary

The case involved two defendants, Carol Anne Raymonde and Yvonne Raymonde, who were charged with various criminal offences. The primary dispute centred around their involvement in a joint criminal enterprise that included acts such as assault, causing actual bodily harm, damaging property, and entering land with intent to commit indictable offences. Additionally, the defendants were accused of using a carriage service to menace others. Both defendants were on conditional liberty at the time of the offending. The case was heard in an Australian court, which was tasked with determining the appropriate sentences and considering any special circumstances.

The court had to decide several legal issues, including the appropriate sentencing framework for the defendants, given their participation in a joint criminal enterprise and the special circumstances of their actions. The court also needed to consider the specific offences charged and whether they warranted an enhanced penalty under section 166 of the relevant legislation. Moreover, the court had to examine the impact of the defendants’ prior criminal history and their conduct while on conditional liberty. The overarching issue was to balance the severity of the crimes with the potential for rehabilitation and deterrence.

In its reasoning, the court found that both defendants were part of a joint criminal enterprise, which justified a consideration of special circumstances. The court noted the defendants’ intent to obtain financial advantage and the use of violence to achieve this, which significantly aggravated their criminal conduct. The court emphasised the defendants' history of reoffending and their actions while on conditional liberty, which demonstrated a lack of rehabilitation. Consequently, the court imposed sentences that reflected the seriousness of the offences, with a particular emphasis on deterrence and protection of the community. The court also considered the need to balance the punishment with the possibility of rehabilitation, taking into account the defendants' backgrounds and circumstances.

The final orders of the court included convictions for both defendants and findings of special circumstances. Carol Anne Raymonde was sentenced to imprisonment for 3 years and 9 months, with a non-parole period of 2 years and 9 months. For the breach of the section 10 bond, she was dealt with under section 10A, with no further penalty imposed, but was disqualified from driving for 6 months. Yvonne Raymonde was sentenced to an aggregate term of imprisonment of 4 years and 3 months, with a non-parole period of 2 years and 9 months. Additionally, for each matter on the section 166 certificate, she was sentenced to fixed terms of imprisonment for a period of 2 months.

Orders

Orders of the court

Carol Anne Raymonde – Convicted – Make a finding of special circumstances - Sentenced to imprisonment for 3 years and 9 months with a non-parole period of 2 years and 9 months.

For the breach of the s10 bond – dealt with under s10A convicted with no further penalty – disqualified from driving for 6 months.

Yvonne Raymonde – Convicted – Make a finding of special circumstances – Sentenced to an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months.

For each matter on s166 certificate sentenced to fixed terms of imprisonment for a period of 2 months.

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 Raymonde; R v Raymonde [2019] NSWDC 355
Hearing dates:	17 May 2019
Date of orders:	17 May 2019
Decision date:	17 May 2019
Jurisdiction:	Criminal
Before:	Hunt DCJ
Decision:	Carol Anne Raymonde – Convicted – Make a finding of special circumstances - Sentenced to imprisonment for 3 years and 9 months with a non-parole period of 2 years and 9 months. For the breach of the s10 bond – dealt with under s10A convicted with no further penalty – disqualified from driving for 6 months. Yvonne Raymonde – Convicted – Make a finding of special circumstances – Sentenced to an aggregate term of imprisonment of 4 years and 3 months with a non-parole period of 2 years and 9 months. For each matter on s166 certificate sentenced to fixed terms of imprisonment for a period of 2 months.
Catchwords:	CRIMINAL LAW – Sentence – s166 – Joint criminal enterprise – Specially aggravated detention in company – Intent to obtain financial advantage – Assault – Actual bodily harm - Damage property - Enter land with intent to commit indictable offence –Both offenders on conditional liberty at time of offending – Using carriage service to menace
Legislation Cited:	Crimes Act Criminal Procedure Act.
Cases Cited:	Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571. R v Newell [2004] NSWCCA 183 DPP (Commonwealth) v De La Rosa (2010) 205 A Crim R 1; (2010) 79 NSWLR 1;
Category:	Sentence
Parties:	The Crown Yvonne Raymonde – Offender Carol Anne Raymonde - Offender
Representation:	Counsel: Mr G Hoare – Offender Yvonne Raymonde Ms C Dooley – Offender Carol Raymonde Solicitors: Director of Public Prosecutions – The Crown
File Number(s):	2017/682382017/1212252017/3868922017/386887