R v Simpson

Case [2022] NSWDC 638


District Court


New South Wales

Medium Neutral Citation: R v Simpson [2022] NSWDC 638
Hearing dates: 11 November 2022, 15 December 2022
Date of orders: 15 December 2022
Decision date: 15 December 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 months

Catchwords:

APPEAL - Appeal against sentence

CRIME – Sentence for District Court matters - endanger safety of person on railway - Cause obstruction to railway locomotive - Recklessly damage property - Convicted offender enter land to commit indictable offence (larceny)

CRIME – Sentence Local Court matters – Drive while disqualified-larceny- dishonestly obtain benefit by deception

CRIMINAL PROCEDURE− accumulation of sentences on existing Local Court sentences

SENTENCING - Relevant factors on sentence - early plea - worst case offending – deprived background – childhood trauma – institutionalised offender- extremely reckless behaviour- remorse - time in custody worse now than ever - locked in for the majority of the time, sometimes four out in a two-person cell - $9,500,000 in property damage - endanger safety punishment for potential not actual harm

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Drug Misuse and Trafficking Act 1985

Road Transport Act 2013

The Crimes Act 1900

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146

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

Cahyadi v R [2007] NSWCCA 1

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

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

Jackson v R [2010] NSWCCA 162

Jinnette v R [2012] NSWCCA 217

Ladas v R [2022] NSWCCA 160

Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357

Mill v The Queen (1988) 166 CLR 59; [1998] HCA 70

Moodiev R [2020] NSWCCA 160

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Munda v Western Australia (2013) 259 CLR 600; [2013] HCA 38

Pearce v The Queen (1999) 194 CLR 610: [1999] HCA 57

Ponfield v R [1999] NSWCCA 435; (1999) 48 NSWLR 327: 42A Crimes (Sentencing Procedure) Act 1999

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

R v Geddes (1936) 36 SR (NSW) 554

R v Holder; R v Johnston [1983] 3 NSWLR 245

R v Kalache [2000] NSWCCA 2

R v MAK [2006] NSWCCA 381

R v Millwood [2012] NSWCCA 2

Rv Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309

R v Wheeler [2000] NSWCCA 34

Tepania v R [2018] NSWCCA 247

The Queen v De Simoni (1981) 147 CLR 83; [1981] HCA 31

Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Weininger v The Queen (2003) 212 CLR 629; [2013] HCA 14

Category:Sentence
Parties: Allan Martin Simpson (the offender)
Director of…

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Details
AGLC
R v Simpson [2022] NSWDC 638
Case
[2022] NSWDC 638
Decision Date

CaseChat Overview and Summary

The appellant, Simpson, appealed against the sentence imposed by the District Court for various offences including endangering the safety of persons on a railway, causing obstruction to a railway locomotive, recklessly damaging property, and entering land to commit an indictable offence. The offences were committed while the appellant was already serving a sentence for driving while disqualified, larceny, and dishonestly obtaining a benefit by deception in the Local Court. The District Court imposed an aggregate sentence of four years and six months imprisonment, with a non-parole period of two years and six months. The court was required to decide whether the sentence was appropriate, considering the appellant's early plea, deprived background, childhood trauma, institutionalised history, extremely reckless behaviour, remorse, and the significant property damage caused.

The court considered the appellant's background, which included a deprived upbringing, childhood trauma, and a history of being institutionalised. These factors were weighed alongside the extremely reckless nature of the offending and the substantial property damage caused. The court noted the appellant's early plea and some evidence of remorse, but emphasised the seriousness of the offences and the need for punishment rather than deterrence. The court also highlighted that the appellant's time in custody was worse now than ever, with the appellant often locked in for the majority of the time, sometimes four out of a two-person cell. The court concluded that the sentence was appropriate, taking into account the appellant's background and the severity of the offending.

The appeal was dismissed, and the sentence of four years and six months with a non-parole period of two years and six months was upheld. The court found that the sentence adequately reflected the gravity of the appellant's offences, particularly the endangerment of public safety on a railway and the substantial property damage caused. The court also considered the appellant's deprived background and institutionalised history, but ultimately determined that the punishment for the potential harm caused by the offending was more significant than the actual harm. The appeal was dismissed, and the sentence was affirmed.

Orders

Orders of the court

Aggregate sentence of 4 years 6 months with a non-parole period of 2 years 6 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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