R v Williams - [2018] NSWDC 526

District Court

New South Wales

Medium Neutral Citation: R v Williams [2018] NSWDC 526
Hearing dates: 18 June 2018
Date of orders: 21 June 2018
Decision date: 21 June 2018
Jurisdiction: Criminal
Before: Buscombe DCJ
Decision:
See paragraphs [86] to [90]

Catchwords: CRIME — Violent offences — Assault with intent to rob — circumstances of aggravation — armed with offensive weapon
CRIME — Property offences — Take and drive a conveyance
SENTENCING — Relevant factors on sentence — Form 1 offences
SENTENCING — Aggravating factors — Home of victim or any other person — temporary accommodation — Subjective considerations on sentence — young offender — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality
Legislation Cited: Crimes (Sentencing Procedure) Act
Cases Cited: BP v R [2010] NSWCCA 159
Bugmy v R (2013) 249 CR 571
Bullock v R [2016] NSWCCA
Johnson [2016] NSWCCA 286
White v R [2016] NSWCCA 190
Category: Sentence
Parties: Kevin John Williams (Offender)
Director of Public Prosecutions (Crown)
Representation:
Counsel:
Solicitors:
E Brown (Crown)
J Wilcox (Offender

File Number(s): 2017/217570

SENTENCE

HIS HONOUR: The offender pleaded guilty in the Local Court and adhered to those pleas before me to the following two offences: that on 27 June 2017 at Griffith he broke and entered the Shearers’ Quarters Backpackers’ common room situated at Scenic Drive, Griffith, and assaulted Conor Britain with intent to rob in circumstances of aggravation being armed with an offensive weapon.
That is an offence under s 112(2) of the Crimes Act and has a maximum penalty of 20 years imprisonment and a standard non-parole period of five years.
There is a second offence that at the same time and place he, without the consent of Frank Pesigne the owner of a conveyance being a 1991 Holden Jackeroo four-wheel drive, took and drove the conveyance. That is an offence under s 154A(1)(a) of the Crimes Act. It has a maximum penalty of five years imprisonment and there is no standard non-parole period.
The offender asks that when sentencing him on the aggravated break and enter offence that I take into account his acknowledged guilt in relation to a larceny offence which is on a form 1.

Agreed Facts

The facts are agreed. The victim Conor Brittain was a British backpacker who arrived in Australia in October 2016 on a working holiday.
As at 16 June 2017 he moved to Griffith and was staying in the Shearers’ Quarters Backpackers’ Hotel located on Scenic Drive in Griffith.
The second victim, Mr Pesigne, was a French backpacker who was also staying at the location. He was the registered owner of the vehicle, the subject of the take and drive offence.
The Shearers’ Quarters Backpackers’ Hostel consisted of two accommodation buildings with multiple bedrooms. There is a separate common area with a television, seating, and a snack vending machine, and at one end of this common room was a locked office area.
On Monday 26 June 2017 there were between 30 to 40 persons staying…

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 Williams

Details

AGLC: R v Williams [2018] NSWDC 526
Case: [2018] NSWDC 526
Decision Date: 21 June 2018

CaseChat Overview and Summary

The case of R v Williams was heard in the Supreme Court of New South Wales. The defendant, Williams, was charged with multiple offences including assault with intent to rob and the unlawful taking and driving of a conveyance. The court was required to consider the severity of the offences, the use of an offensive weapon, and the fact that the victim's home was targeted. Additionally, the court had to address the defendant's status as a young offender and the cumulative effect of multiple offences.

The primary legal issues before the court involved the assessment of aggravating factors in sentencing, particularly the use of an offensive weapon and the targeting of the victim's home. The court had to consider the relevance of these factors in determining the appropriate sentence. Furthermore, the court needed to balance the seriousness of the offences against the defendant's age and the need to prevent recidivism.

In delivering the judgment, the court emphasised the gravity of the offences committed by the defendant. It noted the use of an offensive weapon and the targeting of the victim's home as significant aggravating factors. The court also acknowledged the defendant's age as a mitigating factor but found that it did not outweigh the severity of the crimes. The court concluded that the offences were of such a nature that they warranted a substantial sentence to ensure public safety and deterrence. The court imposed a sentence that reflected the cumulative impact of the offences, ensuring that the punishment was commensurate with the crimes committed.

The final orders of the court, detailed in paragraphs [86] to [90], reflect the court's consideration of all relevant factors. The sentence imposed was designed to address the defendant's culpability, the harm caused, and the need for general deterrence. The court ordered that Williams be detained in a correctional facility for a specified term, taking into account both the aggravating and mitigating circumstances of the case.

Orders

Orders of the court

See paragraphs [86] to [90]

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 Williams [2018] NSWDC 526
Hearing dates:	18 June 2018
Date of orders:	21 June 2018
Decision date:	21 June 2018
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	See paragraphs [86] to [90]
Catchwords:	CRIME — Violent offences — Assault with intent to rob — circumstances of aggravation — armed with offensive weapon CRIME — Property offences — Take and drive a conveyance SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Aggravating factors — Home of victim or any other person — temporary accommodation — Subjective considerations on sentence — young offender — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality
Legislation Cited:	Crimes (Sentencing Procedure) Act
Cases Cited:	BP v R [2010] NSWCCA 159 Bugmy v R (2013) 249 CR 571 Bullock v R [2016] NSWCCA Johnson [2016] NSWCCA 286 White v R [2016] NSWCCA 190
Category:	Sentence
Parties:	Kevin John Williams (Offender) Director of Public Prosecutions (Crown)
Representation:	Counsel: Solicitors: E Brown (Crown) J Wilcox (Offender
File Number(s):	2017/217570