R v Walker

Case [2022] NSWDC 692


District Court


New South Wales

Medium Neutral Citation: R v Walker [2022] NSWDC 692
Hearing dates: 13 April 2022, 8 July 2022
Date of orders: 8 July 2022
Decision date: 08 July 2022
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

Aggregate sentence of 5 years 9 months with a non-parole period of 3 years 8 months.

Catchwords:

CRIME –– detain with intent to obtain an advantage in circumstances of aggravation and special aggravation - detain with intent to obtain an advantage in circumstances of aggravation

SENTENCING - Relevant factors on sentence –

– sentence after trial - full benefit of acquittal on alternate count fact finding – serious offending - trauma as a child - lengthy record – offence committed soon after release to parole- drug use- parity- strong family support- victim of an assault in custody - reduction of sentence for information leading to the recovery of illicit firearms

Legislation Cited:

Crimes Act 1900

Crimes (Administration of Sentences) Act 1999

Crimes (Sentencing Procedure) Act 1999.

Cases Cited:

Afu v R [2017] NSWCCA 246

Bugmy v The Queen (1990) 169 CLR 525; [2013] HCA 37

C’th v Beattie [2017] NSWCCA 301

Devaney v R [2012] NSWCCA 285

Green v The Queen (2011) 244 CLR 462; [2011] HCA 49

Lloyd v R [2022] NSWCCA 18

Luque v R [2017] NSWCCA 226

Magaming v The Queen (2013) 252 CLR 381

Nasrallah v R [2021] NSWCCA 207

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

Pym v R [2014] NSWCCA 182

R v Clare; R v Ilievski [2022] NSWDC 383

RvEager [2022] NSWDC 162

R v Gavel [2014] NSWCCA 56

R v MJB [2014] NSWCCA 195

RvMoradian [2011] NSWDC 130

RvMorley [2021] NSWDC 681

R v Morley [2022] NSWDC 670

R v O'Connor [2014] NSWCCA 53: (2014) 239 A Crim R 487

R v Simpson [2001] NSWCCA 534; 53 NSWLR 704

RvWalker [2019] NSWDC 554

Silvano v R [2008] NSWCCA 118

Stanton v R [2021] NSWCCA 123

The Queen vOlbrich (1999) CLR 27; [1999] HCA 54

Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14.

Texts Cited:

Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497, 2011, BOCSAR

Category:Sentence
Parties: R v Benjamin John Walker (the offender)
Director of Public Prosecutions
Representation:

Counsel:
Mr B Hart (for the offender)
Ms N Keay, Deputy Senior Crown Prosecutor; Mr M Fox Crown Prosecutor

Solicitors:
Justine Hall Pty Ltd (for the offender)
File Number(s): 2020/00142007

SENTENCE – EX TEMPORE REVISED

Introduction

  1. On 12 May 2020, police received information that two men were being detained and assaulted, and that their families had been asked to either provide or help in the transfer of money.  A police taskforce was rapidly assembled.  Family…

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Details
AGLC
R v Walker [2022] NSWDC 692
Case
[2022] NSWDC 692
Decision Date

CaseChat Overview and Summary

The case of R v Walker arose before the Supreme Court of Victoria, where the defendant, Walker, faced charges related to detention with intent to obtain an advantage under aggravated circumstances. The court was tasked with determining the appropriate sentence following Walker’s conviction on this charge. The nature of the dispute centred on the appropriate length of the sentence and the factors that should be considered in mitigation and aggravation.

The primary legal issue before the court was to determine the sentence for Walker, taking into account various factors that influenced the severity of the offence and Walker’s personal circumstances. These factors included the nature of the offence, Walker’s criminal history, the circumstances of the offence, and personal mitigating factors such as his history of trauma, drug use, and recent release from parole. The court was required to balance these factors to arrive at a just and appropriate sentence.

In delivering its judgment, the court carefully considered each of these factors. It recognised the seriousness of the offence, which involved detaining someone with intent to obtain an advantage under aggravating circumstances. However, it also took into account Walker’s difficult personal history, including significant childhood trauma and his status as a victim of assault in custody. Despite these mitigating factors, the court acknowledged Walker’s lengthy criminal record and the fact that the offence was committed shortly after his release from parole. Ultimately, the court determined that an aggregate sentence of 5 years and 9 months, with a non-parole period of 3 years and 8 months, was appropriate. This sentence reflected the gravity of the offence while also considering the mitigating factors presented.

Orders

Orders of the court

Aggregate sentence of 5 years 9 months with a non-parole period of 3 years 8 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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