R v TL - [2017] NSWDC 178

District Court

New South Wales

Medium Neutral Citation: R v TL [2017] NSWDC 178
Hearing dates: 23 May 2017
Date of orders: 25 May 2017
Decision date: 25 May 2017
Jurisdiction: Criminal
Before: Sides QC DCJ
Decision:
The Court convicts you and sentences you to imprisonment. It fixes a non-parole period of three years and a total term of six years to commence on 18 March 2016. The Court orders that your parole eligibility date is 17 March 2019.
Pursuant to ss(19)(1) the Court orders that you serve the sentence as a juvenile offender until you have completed your Higher School Certificate.

Catchwords: Criminal Law – Sentence: Young offender wound with intent to do GBH; Possession and use of knife by young offender; Delay in District Court Parramatta; Discount for guilty plea at arraignment in District Court
Cases Cited: R v Jeffries [2016] NSWDC 433
R v Koekoe [2012] NSWDC 254
R v AB [2017] NSWCCA 88
Texts Cited: Crimes (Sentencing Procedure) Act
Children (Criminal Proceedings) Act
Category: Sentence
Parties: The Crown
TL
Representation: Counsel:
Ms A Bhat for Crown
Mr A Terracini for offender

File Number(s): 2016/00085450
Publication restriction: Non publication of offender’s name

Judgment

The Young Offender TL appears for sentence consequent upon his pleaded guilty on 9 March 2017 to wounding the victim Falite Paseka with intent to cause grievous bodily harm on 4 March 2016.
This offence has a maximum penalty of 25 years imprisonment. The standard non parole period is not applicable because of the Young Offender's age. As it is a serious children's indictable offence, it cannot be dealt with summarily.
The Court notes that the Young Offender was committed for trial on 15 December 2016. On 9 February 2017, by consent and without arraignment, the Court fixed a trial date of 24 July 2017. On 2 February 2017, the Court was told that there was a possibility that the Young Offender would enter a plea of guilty and he did that, as I have indicated, on 9 March.
In the criminal trial list at the Parramatta District Court there have been delays that have come about for a variety of reasons including the increasing workload and length of trials. This has led to the parties frequently requesting the Court to fix a trial date without an accused being arraigned. That request is most frequently made on the first occasion a matter is listed in this Court at Parramatta after the committal for trial.
The Court notes that, yesterday, the New South Wales Bureau of Crime Statistics and Research released its report on the New South Wales criminal court statistics for 2016. That disclosed an increase in the delays in finalisation of criminal trials in the District Court. Those statistics reflect the State-wide situation. The Court has available to it statistics that show that the Parramatta District Court is one of the worst performing centres in terms of delays and in terms of matters being marked not reached. Hence, trial dates are at a…

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 TL

Details

AGLC: R v TL [2017] NSWDC 178
Case: [2017] NSWDC 178
Decision Date: 25 May 2017

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the defendant, TL, was convicted on charges of wounding with intent to do grievous bodily harm, possession of a knife, and using a knife in the commission of an offence. The case arose from an incident where TL, while committing a robbery, inflicted a serious injury on the victim using a knife. TL was apprehended and initially appeared in the Local Court, but the matter was transferred to the District Court in Parramatta due to the seriousness of the charges. The defendant entered a plea of guilty at the arraignment stage in the District Court.

The court was required to determine the appropriate sentence for TL, considering various factors including the nature of the offence, the defendant's age, and the impact of the delay in proceedings. Additionally, the court needed to assess the discount for the defendant's guilty plea at the arraignment stage and determine the length of the non-parole period and total term of imprisonment. The court also needed to decide on the conditions under which TL would serve the sentence, particularly in relation to the juvenile provisions.

In delivering the sentence, the court emphasised the seriousness of the offence, noting the use of a knife and the resultant injury to the victim. The court acknowledged the delay in the proceedings but recognised the defendant's early guilty plea, which warranted a discount in the sentence. Given TL's age and educational status, the court ordered that TL would serve the sentence as a juvenile until completion of the Higher School Certificate. The court sentenced TL to imprisonment with a non-parole period of three years and a total term of six years, with the sentence to commence on 18 March 2016. The parole eligibility date was set for 17 March 2019.

Orders

Orders of the court

The Court convicts you and sentences you to imprisonment. It fixes a non-parole period of three years and a total term of six years to commence on 18 March 2016. The Court orders that your parole eligibility date is 17 March 2019.

Pursuant to ss(19)(1) the Court orders that you serve the sentence as a juvenile offender until you have completed your Higher School Certificate.

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 TL [2017] NSWDC 178
Hearing dates:	23 May 2017
Date of orders:	25 May 2017
Decision date:	25 May 2017
Jurisdiction:	Criminal
Before:	Sides QC DCJ
Decision:	The Court convicts you and sentences you to imprisonment. It fixes a non-parole period of three years and a total term of six years to commence on 18 March 2016. The Court orders that your parole eligibility date is 17 March 2019. Pursuant to ss(19)(1) the Court orders that you serve the sentence as a juvenile offender until you have completed your Higher School Certificate.
Catchwords:	Criminal Law – Sentence: Young offender wound with intent to do GBH; Possession and use of knife by young offender; Delay in District Court Parramatta; Discount for guilty plea at arraignment in District Court
Cases Cited:	R v Jeffries [2016] NSWDC 433 R v Koekoe [2012] NSWDC 254 R v AB [2017] NSWCCA 88
Texts Cited:	Crimes (Sentencing Procedure) Act Children (Criminal Proceedings) Act
Category:	Sentence
Parties:	The Crown TL
Representation:	Counsel: Ms A Bhat for Crown Mr A Terracini for offender
File Number(s):	2016/00085450
Publication restriction:	Non publication of offender’s name