R v Stanley Thomas Bowden - [2013] NSWDC 170

District Court

New South Wales

Medium Neutral Citation: R v Stanley Thomas BOWDEN [2013] NSWDC 170
Decision date: 21 June 2013
Before: Cogswell SC DCJ
Decision:
Convicted of offences of take and drive conveyance, aggravated break, enter and steal, and specially aggravated break, enter and steal. Aggregate sentence of 8 years imprisonment, non-parole period of 5 years. Offender referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order.

Catchwords: CRIMINAL LAW - Particular offences - home invasion - offenders broke through front door with knives in each hand - home owner hit with baseball bat - suffered fractured skull and elbow - offender injured - Sentence - relevant factors - gravity of offence - lower end of range of objective seriousness - co-offender caused most of the damage and injuries to home owner - extensive criminal record - prospects of rehabilitation guarded - response to charges - remorse - acknowledged harm caused to home invasion victims in evidence - late guilty plea - 10 per cent discount - nature and circumstances of offender - traumatic event in childhood - longstanding substance abuse disorder - offending behaviour from early age - strong desire to rehabilitate himself - undertaking education course and drug and alcohol programme in prison - supportive family - special circumstances - longest period in custody to date, need for treatment, support and supervision upon release on parole - Form 1 for six offences taken into account for aggravated break, enter and steal - Sentencing procedure - relevant material - victim impact statements - graphic and articulate.
Legislation Cited: Crimes Act 1900, s 112(2), s 112(3), s 154A(1)(a), s 154A(1)(b), s 192E(1)(a).
Crimes (Sentencing Procedure) Act 1999, s 32, s 53A.
Drug Court Act 1998, s 18B.
Cases Cited: R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149.
R v Richard Fojt [2011] NSWCCA 20.
R v Rossi-Murray [2009] NSWCCA 177.
R v Van Rysewyk [2008] NSWCCA 130.
Sheen v R [2011] NSWCCA 259.
Category: Sentence
Parties: Regina (Crown)
Stanley Thomas Bowden (Offender)
Representation: Counsel:
T Edwards (Offender)
Solicitor:
D I Curran, Office of Director of Public Prosecutions (Crown)

File Number(s): DC 2011/175907

REMARKS ON SENTENCE

I am sentencing a young man who committed a shocking home invasion as well as an aggravated break, enter and steal and a car theft. There are three crimes that I have been asked to sentence him for. He has pleaded guilty to them all.

The first in time was an especially aggravated break, enter and steal. That is the crime I referred to as the shocking home invasion. It was specially aggravated because it was in company, and because it involved a reckless infliction of grievous bodily harm. That is an offence against s 112(3) of the Crimes Act 1900. Parliament has fixed a maximum of 25 years imprisonment to that crime, and a standard non-parole period of 7…

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 Stanley Thomas Bowden

Details

AGLC: R v Stanley Thomas Bowden [2013] NSWDC 170
Case: [2013] NSWDC 170
Decision Date: 21 June 2013

CaseChat Overview and Summary

The defendant, Stanley Thomas Bowden, was convicted of multiple offences including take and drive conveyance, aggravated break, enter and steal, and specially aggravated break, enter and steal. The case was heard in a court where the defendant pleaded guilty to the charges. The gravity of the offences and the extent of the harm caused to the victims were significant factors considered by the court. Bowden and his accomplices had broken into a home, armed with knives, and assaulted the homeowner, causing severe injuries. The court had to determine the appropriate sentence, taking into account the severity of the crimes, Bowden's criminal history, and his potential for rehabilitation.

The court faced the task of weighing various factors in determining the sentence. These included the objective seriousness of the offences, Bowden's criminal history, his prospects for rehabilitation, his response to the charges, and the harm caused to the victims. Bowden's co-offender had inflicted most of the injuries, but the court considered Bowden's role in the crime. Bowden had a lengthy criminal record, but he had shown some remorse and had taken steps towards rehabilitation, including participating in educational and substance abuse programs in prison. The court also considered Bowden's background, including childhood trauma and substance abuse issues, as well as his supportive family.

After considering all relevant factors, the court sentenced Bowden to an aggregate term of eight years imprisonment, with a non-parole period of five years. The court acknowledged Bowden's efforts towards rehabilitation and his desire to change his life, but also recognised the need for treatment and support upon his release. Bowden was also referred to the Drug Court to determine if he should be subject to a compulsory drug treatment order. The court's decision balanced the need for punishment with the potential for rehabilitation, taking into account the specific circumstances of the case and Bowden's personal background.

Orders

Orders of the court

Convicted of offences of take and drive conveyance, aggravated break, enter and steal, and specially aggravated break, enter and steal. Aggregate sentence of 8 years imprisonment, non-parole period of 5 years. Offender referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order.

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 Stanley Thomas BOWDEN [2013] NSWDC 170
Decision date:	21 June 2013
Before:	Cogswell SC DCJ
Decision:	Convicted of offences of take and drive conveyance, aggravated break, enter and steal, and specially aggravated break, enter and steal. Aggregate sentence of 8 years imprisonment, non-parole period of 5 years. Offender referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order.
Catchwords:	CRIMINAL LAW - Particular offences - home invasion - offenders broke through front door with knives in each hand - home owner hit with baseball bat - suffered fractured skull and elbow - offender injured - Sentence - relevant factors - gravity of offence - lower end of range of objective seriousness - co-offender caused most of the damage and injuries to home owner - extensive criminal record - prospects of rehabilitation guarded - response to charges - remorse - acknowledged harm caused to home invasion victims in evidence - late guilty plea - 10 per cent discount - nature and circumstances of offender - traumatic event in childhood - longstanding substance abuse disorder - offending behaviour from early age - strong desire to rehabilitate himself - undertaking education course and drug and alcohol programme in prison - supportive family - special circumstances - longest period in custody to date, need for treatment, support and supervision upon release on parole - Form 1 for six offences taken into account for aggravated break, enter and steal - Sentencing procedure - relevant material - victim impact statements - graphic and articulate.
Legislation Cited:	Crimes Act 1900, s 112(2), s 112(3), s 154A(1)(a), s 154A(1)(b), s 192E(1)(a). Crimes (Sentencing Procedure) Act 1999, s 32, s 53A. Drug Court Act 1998, s 18B.
Cases Cited:	R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149. R v Richard Fojt [2011] NSWCCA 20. R v Rossi-Murray [2009] NSWCCA 177. R v Van Rysewyk [2008] NSWCCA 130. Sheen v R [2011] NSWCCA 259.
Category:	Sentence
Parties:	Regina (Crown) Stanley Thomas Bowden (Offender)
Representation:	Counsel: T Edwards (Offender) Solicitor: D I Curran, Office of Director of Public Prosecutions (Crown)
File Number(s):	DC 2011/175907