R v Stewart Hudson aka Anu - [2017] NSWDC 157

District Court

New South Wales

Medium Neutral Citation: R v Stewart Hudson aka Anu [2017] NSWDC 157
Hearing dates: 17 May 2017
Decision date: 29 June 2017
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full-time custodial sentence. For orders see [69] – [70]

Catchwords: Multiple offences including aggravated break, enter and steal, police pursuit, take drive conveyance without consent; aggregate sentence
Legislation Cited: Crimes Act 1900
Crime (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: Bugmy v R [2013] HCA 37
Kennedy v R [2010] NSWCCA 260
Mill v R (1988) 166 CLR 59
R v Fernando (1992) 76 A Crim R 58
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Stewart Hudson aka Anu (Offender)
Representation: Counsel:
P Kerr (Crown)
J Gallagher (Offender)

File Number(s): 15/32452216/350561
Publication restriction: Nil

REMARKS ON SENTENCE

The offender is to be sentenced in respect of 12 separate offences which fall within three categories, as follows:

Category 1 – Committed for sentence from Wagga Wagga Local Court on 13 April 2016 (H 240287495 Justicelink 2015/00324522).

Sequence 4 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112(2) of the Crimes Act 1900.

The maximum penalty is 20 years imprisonment and there is a Standard Non‑Parole Period of 5 years imprisonment.

Sequence 5 – Take and drive conveyance without consent of owner, pursuant to s 154A(1)(a) of the Crimes Act 1900.

The maximum penalty is 5 years imprisonment.

Sequence 7 – Police pursuit – not stop – drive dangerously – first offence, pursuant to s 51B(1) of the Crimes Act 1900.

Maximum penalty 3 years imprisonment, together with mandatory licence disqualification of 3 years.

Sequence 9 – Police pursuit – not stop – drive dangerously – first offence, pursuant to s 51B(1) of the Crimes Act 1900.

Maximum penalty 3 years imprisonment, together with mandatory licence disqualification of 3 years.

Sequence 12 – Resist officer in execution of duty, pursuant to s 58 of the Crimes Act 1900.

Maximum penalty 5 years imprisonment.

Category 2 – Pleas of guilty entered at Wagga Wagga District Court on 8 March 2017 (H 240287495 – Justicelink 15/00324522)

Sequence 11 – Assault officer in execution of duty, pursuant to s 60(1) of the Crimes Act 1900.

Maximum penalty 5 years imprisonment.

Sequence 13 – Attempt aggravated break and enter with intent to commit serious indictable offence (larceny) in company, pursuant to s 113(2) of the Crimes Act 1900.

Maximum penalty 14 years imprisonment.

Sequence 14 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112(2) of the Crimes Act 1900.

Maximum penalty 20 years imprisonment. There is a Standard Non-Parole Period of 5 years imprisonment.

Sequence 15 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112 (2) of the Crimes Act 1900.

Maximum penalty 20 years imprisonment. There is a Standard Non-Parole Period of 5 years…

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: [2017] NSWDC 157
Decision Date: 29 June 2017

CaseChat Overview and Summary

The appellant, Stewart Hudson, also known as Anu, faced multiple charges including aggravated break, enter and steal, evading police, and taking and driving a conveyance without consent. The matter was heard in the court, where Hudson's aggregate sentence was under consideration. The court needed to decide the appropriate sentence for these multiple offences and whether they warranted a full-time custodial sentence.

The legal issues included the assessment of the severity and circumstances of the individual offences, the consideration of Hudson's criminal history, and the need for the sentence to be proportionate to the crimes committed. The court had to balance the gravity of the offences with the potential for rehabilitation and deterrence. The court also had to consider whether the cumulative effect of the offences warranted a longer custodial sentence.

The court found that the offences were serious and demonstrated a pattern of criminal behaviour. It was noted that Hudson had a history of similar offences and had shown a lack of remorse. The court concluded that a custodial sentence was necessary to ensure public safety and to deter Hudson and others from engaging in similar criminal conduct. The court determined that a full-time custodial sentence was appropriate, taking into account the need for punishment, deterrence, and protection of the community. The exact terms of the sentence, including the length and specific conditions, were outlined in the detailed orders.

Orders

Orders of the court

Full-time custodial sentence. For orders see [69] – [70]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Stewart Hudson aka Anu [2017] NSWDC 157
Hearing dates:	17 May 2017
Decision date:	29 June 2017
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full-time custodial sentence. For orders see [69] – [70]
Catchwords:	Multiple offences including aggravated break, enter and steal, police pursuit, take drive conveyance without consent; aggregate sentence
Legislation Cited:	Crimes Act 1900 Crime (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Bugmy v R [2013] HCA 37 Kennedy v R [2010] NSWCCA 260 Mill v R (1988) 166 CLR 59 R v Fernando (1992) 76 A Crim R 58
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Stewart Hudson aka Anu (Offender)
Representation:	Counsel: P Kerr (Crown) J Gallagher (Offender)
File Number(s):	15/32452216/350561
Publication restriction:	Nil