District Court
New South Wales
Medium Neutral Citation: R v Winslade [2020] NSWDC 545 Hearing dates: Disputed Facts Hearing: 12 February 2020;
Sentence: 29 May 2020; 1 June 2020Decision date: 01 June 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences of imprisonment:
Breaches of bond – 2017/00077129 – 0 discount – Bonds revoked
002 9 months
003 8 months
For sentence – 2018/029044 – 5% discount
1 (SEQ 001) 11 months
2 (SEQ 020)1 year - NPP 8 months
3 (SEQ 028) 2 years 10 months
4 (SEQ 029) 11 months
5 (SEQ 025) Convicted no penalty (s10A)
6 (SEQ 011) 11 months
7 s33B(1)(a) offence – SEQ 032) 4 years
8 (s33B(1)(a) offence – SEQ 033) 3 years 9 months
9 (s323(a) offence – SEQ 034) 3 years
Aggregate sentence:
Special circumstances found – 1st time in custody and to provide a longer period of supervised rehabilitation.
Sentenced to an aggregate term of imprisonment of 6 years with a NPP of 4 years to commence on 28/1/18 and to expire on 27/1/22, and a balance of term of 2 years commencing on 28/1/22 and expiring on 27/1/24.
Catchwords: CRIME – breaches of bonds imposed in re common assault (DV) & armed w/i commit indictable offence & multiple like matters for sentence – common assault, possess unauthorised prohibited firearm - handle explosive/precursor without authorising licence - possess shortened firearm (not pistol) w/o authority - use etc offensive weapon w/i to commit indictable offence - act with intent to influence witness – lengthy history of matter – effect of timing of pleas – seriousness of offences – significant need for deterrence - subjective matters – aggregate sentence
Legislation Cited: CrimesAct1900
Crimes (Sentencing Procedures) Act 1999
ExplosivesAct 2003
Firearms Act 1996
Cases Cited: CrossvR [2016] NSWCCA 214
RvBrown [2006] NSWCCA 249
RvLachlan [2015] NSWCCA 178
RvMahmud [2010] NSWCCA 219
Category: Sentence Parties: Regina
Aaron WinsladeRepresentation: Counsel:
Crown: Mr I Todd
Defence: Mr W Shukoor
Solicitors:
Crown: Ms S Norman
Defence: Mr V Yang
File Number(s): 2018/029044; 2017/00077129
Judgment
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Aaron Winslade appears for sentence in respect of nine offences which I will refer to shortly. In addition to those nine offences, he asks the Court to deal with him in respect of the breach of a s 9 bond imposed on 10 November 2017 of 18 months for an offence of common assault upon April Araullo, contrary to s 61 of the Crimes Act in relation to which he received a s 9 bond of 18 months. He also asks the Court to deal with him in respect of a breach of a s 12 suspended sentence of eight months in respect of an offence which occurred on the same occasion as the previously referred to common assault, that is, 22 February 2017, and on 10 November 2017 he was sentenced for an…
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- AGLC
- R v Winslade [2020] NSWDC 545
- Case
- [2020] NSWDC 545
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including the appropriate discount for the timing of Winslade's pleas, the cumulative seriousness of the offences, and the need for deterrence given Winslade's extensive criminal history. The court also had to consider the principle of proportionality and the importance of supervised rehabilitation, particularly given that this was Winslade's first significant period of incarceration.
In delivering the judgment, the court first revoked the bonds that had been imposed for earlier breaches, imposing terms of imprisonment of 9 months and 8 months. For the current sentencing matters, the court applied a 5% discount for the timing of Winslade's pleas. It assessed each offence individually, considering the nature of the offences and the need for deterrence. The court then determined an aggregate sentence of 6 years imprisonment, with a non-parole period of 4 years, acknowledging the special circumstances of Winslade's first significant period of incarceration and the need for a longer period of supervised rehabilitation.
The court concluded by ordering that Winslade be sentenced to an aggregate term of imprisonment of 6 years, with a non-parole period of 4 years, and a balance of term of 2 years. This sentence was to commence on 28 January 2018 and expire on 27 January 2024.
Orders
Orders of the court
Indicative sentences of imprisonment:
Breaches of bond – 2017/00077129 – 0 discount – Bonds revoked
002 9 months
003 8 months
For sentence – 2018/029044 – 5% discount
1 (SEQ 001) 11 months
2 (SEQ 020)1 year - NPP 8 months
3 (SEQ 028) 2 years 10 months
4 (SEQ 029) 11 months
5 (SEQ 025) Convicted no penalty (s10A)
6 (SEQ 011) 11 months
7 s33B(1)(a) offence – SEQ 032) 4 years
8 (s33B(1)(a) offence – SEQ 033) 3 years 9 months
9 (s323(a) offence – SEQ 034) 3 years
Aggregate sentence:
Special circumstances found – 1st time in custody and to provide a longer period of supervised rehabilitation.
Sentenced to an aggregate term of imprisonment of 6 years with a NPP of 4 years to commence on 28/1/18 and to expire on 27/1/22, and a balance of term of 2 years commencing on 28/1/22 and expiring on 27/1/24.
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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