R v Winslade - [2020] NSWDC 545

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 2020
Decision 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:
Bugmy v R (2013) 249 CLR 571
CrossvR [2016] NSWCCA 214
RvBrown [2006] NSWCCA 249
R v Fernando [2002] NSWCCA 28
RvLachlan [2015] NSWCCA 178
RvMahmud [2010] NSWCCA 219

Category: Sentence
Parties: Regina
Aaron Winslade
Representation: 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

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…

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 Winslade

Details

AGLC: R v Winslade [2020] NSWDC 545
Case: [2020] NSWDC 545
Decision Date: 01 June 2020

CaseChat Overview and Summary

The respondent, Winslade, faced the Supreme Court of Queensland for sentencing following convictions on multiple charges including common assault, possession of an unauthorised prohibited firearm, handling explosives without a licence, possession of a shortened firearm without authority, and using an offensive weapon to commit an indictable offence. Additionally, Winslade was convicted of acting with intent to influence a witness. The case involved a detailed consideration of the gravity of the offences, the need for deterrence, and the impact of the timing of Winslade's pleas.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Winslade [2020] NSWDC 545
Hearing dates:	Disputed Facts Hearing: 12 February 2020; Sentence: 29 May 2020; 1 June 2020
Decision 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:	Bugmy v R (2013) 249 CLR 571 CrossvR [2016] NSWCCA 214 RvBrown [2006] NSWCCA 249 R v Fernando [2002] NSWCCA 28 RvLachlan [2015] NSWCCA 178 RvMahmud [2010] NSWCCA 219
Category:	Sentence
Parties:	Regina Aaron Winslade
Representation:	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