R v Slabb - [2022] NSWDC 681

District Court

New South Wales

Medium Neutral Citation: R v Slabb [2022] NSWDC 681
Hearing dates: 13 October 2022
Date of orders: 13 October 2022
Decision date: 13 October 2022
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 3 years 3 months with a non-parole period of 1 years 10 months.

Catchwords:
CRIME – Aggravated break & enter and commit serious indictable offence- knowing people there people there; Aggravated enter dwelling with intent - knowing people there
SENTENCING - Relevant factors on sentence - repeated entry to same home- no real motivation – drug affected - early guilty plea - offender last released on Christmas Day - problems with Christmas release dates discussed - failure to comply with parole - background of disadvantage – E1 prison classification - poor future prognosis - need for extensive support in custody and on releases - glimmer of insight into offending behaviour

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Hoskins v R [2021] NSWCCA 169
R v Hookey [2018] NSWCCA 147
R v O'Connor [2014] NSWCCA 53

Texts Cited:
Arresting incarceration: pathways out of Indigenous imprisonment, D Weatherburn, Aboriginal Studies Press, 2014

Category: Sentence
Parties: Matthew Clifford Slabb (the offender)
Director of Public Prosecutions
Representation: Solicitors:
Ms E Parkes, Legal Aid NSW (for the offender)
Ms K Malcolm (for Director of Public Prosecutions)

File Number(s): 2022/00000590

SENTENCE – EX TEMPORE REVISED

Matthew Clifford Slabb, who is also recorded in the papers as Matthew Clifford Thomas, this morning adhered to guilty pleas that he had entered in the Local Court to two serious offences:

Aggravated break, enter and commit serious indictable offence: s 112(2) Crimes Act 1900. Maximum penalty of 20 years imprisonment, and for an offence which taken into account only objective falls in the middle of the range there is a standard non-parole period minimum of five years imprisonment: sequence 6

Aggravated enter dwelling to commit serious indictable offence, s 111(2) Crimes Act 1900. Maximum penalty imprisonment for 14 years: sequence 7.

In relation to each matter there are matters related to the principal offence which I am asked to take into account on a Crimes (Sentencing Procedure) Act 1999 Form 1. For the first matter, aggravated break, enter and commit serious indictable offence, an offence of common assault which occurred immediately after the injury, the subject of the first count. For the second matter, intimidation which is the completed offence, the subject of one of the circumstances of aggravation. It is appropriate that I do so.
Matters on the Form 1 can increase the sentence for the offence to which they relate, primarily because greater weight must be given to specific deterrence and community protection. But in matters such as this, where the Form 1 matters are closely related to the offence to which they relate, and will be taken into account when I assess the objective seriousness of those offences, care has to be taken not to double count those factors.

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 Slabb

Details

AGLC: R v Slabb [2022] NSWDC 681
Case: [2022] NSWDC 681
Decision Date: 13 October 2022

CaseChat Overview and Summary

The case of R v Slabb involved the defendant Slabb, who was charged with multiple serious offences including aggravated break and enter and commit serious indictable offence, and aggravated enter dwelling with intent, all of which occurred with the knowledge that people were present. The matter was heard and determined in a higher court in Australia.

The legal issues that arose for determination related to the appropriate sentencing for these offences, considering a range of factors. These included the defendant's history of repeated entries into the same home, the lack of a clear motivation for the offences, the influence of drugs at the time of the offending, the defendant's early guilty plea, and the timing of his release on parole around Christmas Day. Additionally, the court had to consider the defendant's compliance with parole conditions, his background of disadvantage, his prison classification, and his prognosis for rehabilitation.

In delivering the judgment, the court meticulously weighed these factors. The court found that, despite Slabb's early guilty plea and some insight into his offending behaviour, the repeated nature of the offending and the lack of a compelling motivation outweighed these mitigating factors. The court also noted the significant problems associated with Slabb's release date around Christmas, his failure to comply with parole, and his poor prognosis for rehabilitation. Consequently, the court determined that an aggregate sentence of three years and three months was appropriate, with a non-parole period of one year and ten months.

The final orders of the court were that the defendant, Slabb, be sentenced to an aggregate term of imprisonment of three years and three months, with a non-parole period of one year and ten months. This sentence reflects the court's assessment of the seriousness of the offences and the need to balance the interests of justice, deterrence, and rehabilitation.

Orders

Orders of the court

Aggregate sentence of 3 years 3 months with a non-parole period of 1 years 10 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 Slabb [2022] NSWDC 681
Hearing dates:	13 October 2022
Date of orders:	13 October 2022
Decision date:	13 October 2022
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 3 years 3 months with a non-parole period of 1 years 10 months.
Catchwords:	CRIME – Aggravated break & enter and commit serious indictable offence- knowing people there people there; Aggravated enter dwelling with intent - knowing people there SENTENCING - Relevant factors on sentence - repeated entry to same home- no real motivation – drug affected - early guilty plea - offender last released on Christmas Day - problems with Christmas release dates discussed - failure to comply with parole - background of disadvantage – E1 prison classification - poor future prognosis - need for extensive support in custody and on releases - glimmer of insight into offending behaviour
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Hoskins v R [2021] NSWCCA 169 R v Hookey [2018] NSWCCA 147 R v O'Connor [2014] NSWCCA 53
Texts Cited:	Arresting incarceration: pathways out of Indigenous imprisonment, D Weatherburn, Aboriginal Studies Press, 2014
Category:	Sentence
Parties:	Matthew Clifford Slabb (the offender) Director of Public Prosecutions
Representation:	Solicitors: Ms E Parkes, Legal Aid NSW (for the offender) Ms K Malcolm (for Director of Public Prosecutions)
File Number(s):	2022/00000590