R v Warrilow - [2021] NSWDC 631

District Court

New South Wales

Medium Neutral Citation: R v Warrilow [2021] NSWDC 631
Hearing dates: 26 August 2021
Date of orders: 26 August 2021
Decision date: 26 August 2021
Jurisdiction: Criminal
Before: Haesler SC DCJ
Decision:
Aggregate sentence of 3 years 6 months with a non- parole period of 2 years 1 month.

Catchwords:
CRIME- Dishonestly obtain financial advantage by deception - Steal property in dwelling-house - Aggravated enter dwelling with intent - knowing people there
SENTENCING- Relevant factors on sentence – guilty plea - multiple victims - Form 1 – elderly and vulnerable victims targeted - repeat offender - history of child hood trauma - impact of COVID restrictions - need for psychological treatment and drug rehabilitation- risk of re-offending - community safety –Intensive Corrections order refused

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146.
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1
Donald (a pseudonym) v R [2021] NSWCCA 198
Mandranis v R [2021] NSWCCA 97
R v Lawrence (2005) NSWCCA 91
R v Pullen [2018] NSWCCA 264
Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14

Category: Sentence
Parties: Darren Henry Warrilow (the offender)
Director of Public Prosecutions
Representation:
Counsel:
Mr D Beaufils (for the offender)
Solicitors:
Abbas Jacobs Lawyers (for the offender)
Mr L McGonigal (for Director of Public Prosecutions)

File Number(s): 2020/00056236

sentence – ex tempore revised

Darren Henry Warrilow is for sentence today for three serious offences:

Dishonestly obtain a financial advantage by deception, namely $4,000, s 192E(1)(b) Crimes Act 1900, maximum penalty ten years imprisonment;

Steal property from dwelling house, s 148 Crimes Act 1900, maximum penalty seven years imprisonment;

Aggravated enter dwelling with intent to commit a serious indictable offence, namely dishonestly obtaining a financial advantage, knowing persons were home, s 111(2) Crimes Act 1900, maximum penalty 14 years imprisonment.

When I sentence him for the third offence he asks that I take into account two charges of dishonestly obtain a financial advantage by deception on a s 32 Crimes (Sentencing Procedure) Act 1999 Form 1. It is appropriate, given the circumstances, that I do so.
The guilty pleas were indicated in the Local Court and adhered to today. Mr Warrilow is entitled, as a matter of law, to a reduction in the otherwise appropriate sentence from each of the matters for sentence of 25%, s 25D Crimes (Sentencing Procedure) Act 1999. Those reductions will be made to the indicated sentences. As I intend to impose an aggregate sentence I will take care that the process of accumulation does not erode the utilitarian benefit of these earlier pleas.
Every sentencing exercise must focus on what was done. Here there are agreed facts before the Court. There are two sets…

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 Warrilow

Details

AGLC: R v Warrilow [2021] NSWDC 631
Case: [2021] NSWDC 631
Decision Date: 26 August 2021

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Warrilow involved the defendant, Warrilow, who was charged with multiple counts of obtaining financial advantage by deception, entering a dwelling-house with intent to steal, and aggravated entering of a dwelling with intent, knowing people were present. The offences were committed against elderly and vulnerable victims, taking advantage of their circumstances. The court was tasked with determining the appropriate sentence for Warrilow, considering various factors including his guilty plea, the vulnerability of the victims, his history of childhood trauma, the impact of COVID-19 restrictions, and the need for psychological treatment and drug rehabilitation. Additionally, the court had to weigh the risk of re-offending against the need for community safety.

The legal issues before the court involved the assessment of relevant factors for sentencing, particularly the mitigating circumstances such as Warrilow's guilty plea and his history of childhood trauma, alongside the aggravating factors like the multiple victims and the targeting of elderly and vulnerable individuals. The court also needed to consider the impact of COVID-19 restrictions and Warrilow's need for psychological treatment and drug rehabilitation. Furthermore, the court had to balance the risk of re-offending against the necessity for community safety.

The court found that Warrilow's history of childhood trauma and the impact of COVID-19 restrictions were mitigating factors, but these were weighed against the serious nature of the offences and the vulnerability of the victims. The court determined that an aggregate sentence of three years and six months was appropriate, with a non-parole period of two years and one month. The court refused to impose an Intensive Corrections order, considering the risk of re-offending and the need for community safety.

The court ordered that Warrilow serve an aggregate sentence of three years and six months with a non-parole period of two years and one month. The decision reflected a careful balance of the mitigating and aggravating factors, aiming to address both the needs of the defendant and the safety of the community.

Orders

Orders of the court

Aggregate sentence of 3 years 6 months with a non- parole period of 2 years 1 month.

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 Warrilow [2021] NSWDC 631
Hearing dates:	26 August 2021
Date of orders:	26 August 2021
Decision date:	26 August 2021
Jurisdiction:	Criminal
Before:	Haesler SC DCJ
Decision:	Aggregate sentence of 3 years 6 months with a non- parole period of 2 years 1 month.
Catchwords:	CRIME- Dishonestly obtain financial advantage by deception - Steal property in dwelling-house - Aggravated enter dwelling with intent - knowing people there SENTENCING- Relevant factors on sentence – guilty plea - multiple victims - Form 1 – elderly and vulnerable victims targeted - repeat offender - history of child hood trauma - impact of COVID restrictions - need for psychological treatment and drug rehabilitation- risk of re-offending - community safety –Intensive Corrections order refused
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002, [2013] NSWCCA 115; (2002) 56 NSWLR 146. Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Donald (a pseudonym) v R [2021] NSWCCA 198 Mandranis v R [2021] NSWCCA 97 R v Lawrence (2005) NSWCCA 91 R v Pullen [2018] NSWCCA 264 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14
Category:	Sentence
Parties:	Darren Henry Warrilow (the offender) Director of Public Prosecutions
Representation:	Counsel: Mr D Beaufils (for the offender) Solicitors: Abbas Jacobs Lawyers (for the offender) Mr L McGonigal (for Director of Public Prosecutions)
File Number(s):	2020/00056236