R v Tariq McDonald

Case [2009] NSWDC 330
CITATION: R v Tariq McDonald [2009] NSWDC 330
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 September 2009
 
JUDGMENT DATE: 
25 September 2009
JURISDICTION: District Court Criminal
JUDGMENT OF: Knox SC DCJ
DECISION: On count 1, the offender is sentenced to a non-parole period of 12 months imprisonment commencing on 20 March 2011 and expiring on 20 March 2012.
On count 2, the offender is sentenced to a non-parole period of 3 years and 4 months imprisonment commencing on 20 November 2007 and expiring on 19 March 2011 with an additional term of 2 years and 8 months (expiring on 19 November 2013).
On courts 3 and 4, the offender is sentenced to a fixed term of 12 months imprisonment commencing on 20 November 2007 and expiring on 19 November 2008.
The sentences on counts 2, 3 and 4 are to be served concurrently.
The sentences reflect a finding of special circumstances of the order of 72%.
The offender is to be released to parole on 20 March 2012.
CATCHWORDS: ATM shopping centre - Aggravated break and enter - Planning involved - Principles to be applied
LEGISLATION CITED: Crimes Act 1900
CASES CITED: R v Anderson [2004] NSWCCA 39
R v BB [2005] NSWCCA 215
R v Ceissman [2004] NSWCCA 466
R v Chen [2004] NSWCCA 369
R v Crowe [2002] NSWCCA 245
R v Dodd [2004] NSWCCA 374
R v Douglas [2006] NSWCCA 94
R v Huynh [2005] NSWCCA 220
R v Roberts [2005] NSWCCA 401
R v Warren [2003] NSWCCA 366
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465
PARTIES: The Crown
Mr Tariq McDonald
FILE NUMBER(S): DC 2008/16100
COUNSEL: Ms Davis - Crown
Mr Brewer - Offender
SOLICITORS: NSW DPP

SENTENCE

1 HIS HONOUR: The offender, Tariq McDonald, appears for sentence on four matters. I am informed that this is the fourth occasion that the matter has come before the court and that it has not been dealt with on three previous occasions. So I propose that this matter be dealt with in the course of the remaining list of matters. There have been some matters interposed during the course of these proceedings but I will deal with these remarks on an ex tempera basis and I will ask for these comments to be taken out by the Court Reporting Service so that there can be no issue about what has been said.

Counts

2 The four counts on which the offender appears for sentence are firstly, a charge of taking and driving a conveyance contrary to s 154A(1)(a) of the Crimes Act. That offence is subject to a maximum penalty of five years imprisonment. The offence relates to an event of essentially car stealing which occurred on 11 September 2007 at Merrylands. There are then three offences charged; count two, the aggravated break and enter and committing a serious indictable offence charge brought under s 112(2) of…

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R v Tariq McDonald [2009] NSWDC 330
Case
[2009] NSWDC 330
Decision Date

CaseChat Overview and Summary

In the case of R v Tariq McDonald, the defendant was charged with multiple counts of aggravated break and enter related to incidents at an ATM shopping centre. The dispute was brought before the Supreme Court of Victoria, which was required to determine the appropriate sentences for the offences committed. The primary legal issue before the court was to decide the appropriate penalties for the defendant's actions, taking into account the aggravating factors such as the planning involved in the break-ins. The court also had to consider the principles governing sentencing for aggravated break and enter offences and determine the extent to which the special circumstances should affect the final sentence.

The court considered the severity and planning of the offences, as well as the defendant's criminal history and the need for deterrence and rehabilitation. The sentencing principles applied included the need to ensure just punishment and to protect the community. The court found that the defendant's actions warranted significant penalties due to the aggravating factors and the need to deter similar conduct. After evaluating the circumstances, the court determined that the sentences should reflect a substantial discount for the special circumstances, amounting to 72%.

The court sentenced the defendant to a non-parole period of 12 months for the first count, and for the subsequent counts, a non-parole period of 3 years and 4 months for count 2, and a fixed term of 12 months for counts 3 and 4, to be served concurrently. The sentences were structured to commence and expire on specific dates, with the offender to be released to parole on 20 March 2012. The overall sentence reflected the court's consideration of the aggravating factors, the need for punishment, and the principles of sentencing for aggravated break and enter offences.

Orders

Orders of the court

On count 1, the offender is sentenced to a non-parole period of 12 months imprisonment commencing on 20 March 2011 and expiring on 20 March 2012.

On count 2, the offender is sentenced to a non-parole period of 3 years and 4 months imprisonment commencing on 20 November 2007 and expiring on 19 March 2011 with an additional term of 2 years and 8 months (expiring on 19 November 2013).

On courts 3 and 4, the offender is sentenced to a fixed term of 12 months imprisonment commencing on 20 November 2007 and expiring on 19 November 2008.

The sentences on counts 2, 3 and 4 are to be served concurrently.

The sentences reflect a finding of special circumstances of the order of 72%.

The offender is to be released to parole on 20 March 2012.

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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