R v Winters - [2017] NSWDC 166

District Court

New South Wales

Medium Neutral Citation: R v Winters [2017] NSWDC 166
Hearing dates: 22 May 2017
Date of orders: 22 May 2017
Decision date: 22 May 2017
Jurisdiction: Criminal
Before: Sides QC DCJ
Decision:
Sentenced to an aggregate term of imprisonment of five years to commence 7 October 2015, with a non-parole period of two years.

Catchwords: CRIMINAL LAW – Sentence: Discount for pleading guilty at Parramatta on arraignment; car jacking; Skye’s Law offence; wounding; armed robbery; intellectual disability; dysfunctional upbringing; reduced moral culpability
Legislation Cited: Ss 10A & 53A Crimes (Sentencing Procedure) Act
Cases Cited: R v AB [2017] NSWCCA 88
R v Koekoe [2012] NSWDC 254
R v Borkowski (2009) 195 A Cr R 1
Category: Sentence
Parties: The Crown
Reggie Winters (Offender)
Representation: Mr K Kirupaidasan (Crown)
Mr N Leach Aboriginal Legal Service (Offender)

File Number(s): 2015/00294448

Judgment

HIS HONOUR: The Offender Reggie Winters appears for sentence consequent upon his pleading guilty on 29 September 2016 to four offences he committed on 5 June 2015.
Count 1 is an attempted aggravated carjacking committed upon the victim Rejhan Tahiri at Pemulwuy, which has a maximum penalty of 14 years' imprisonment and a standard non parole period of five years.
Count 3, wounding the victim Tahiri, being reckless as to actual bodily harm, an offence also at Pemulwuy. It has a maximum penalty of 7 years imprisonment and a standard non parole period of three years.
Count 4, an armed robbery of victim Jakye Brooks at Greystanes, which has a maximum penalty of 20 years' imprisonment.
Count 5, driving in a manner dangerous during a police pursuit at Greystanes that has a maximum penalty of three years imprisonment.
Unless indicated, there is no prescribed standard non parole period. With the exception of count 4, all matters could be dealt with summarily but that would not have been appropriate to reflect the totality of the criminality, at least in a sense of its objective features.
Via his solicitor he also pleaded guilty to sequences 6 and 7 that are on the 166 certificate.
Sequence 6 is driving never having been licenced, an offence committed on 5 June 2015, that has a maximum penalty of 20 penalty units; and
Sequence 7 is assaulting Constable Wilson, a police officer, in the execution of his duty on 9 October which has, on indictment, a maximum penalty of five years imprisonment. It is an offence normally dealt with summarily.
The Offender was committed for sentence in connection with counts 4 and 5. It is not clear to the Court why they ended up on the indictment but they did and he pleaded guilty. They are clearly early guilty pleas. Likewise, the matters on the 166 certificate, sequences 6 and 7, are early guilty pleas. The Court reduced the indicative sentences for all of those matters, with the exception of sequence 6, by about 25% to reflect the utility of his early guilty pleas. The Court proposes to deal with sequence 6…

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 Winters

Details

AGLC: R v Winters [2017] NSWDC 166
Case: [2017] NSWDC 166
Decision Date: 22 May 2017

CaseChat Overview and Summary

In the case of R v Winters, the appellant faced a criminal trial in the District Court of New South Wales at Parramatta. The appellant, Winters, was charged with a series of serious offences, including car jacking, wounding, and armed robbery. Notably, the crimes were committed under what is known as Skye's Law, which imposes harsher penalties for offences involving the use of a weapon. Winters also pleaded guilty to charges related to an intellectual disability and a dysfunctional upbringing, factors which he argued should be considered in determining his moral culpability.

The central legal issues in this case revolved around the appropriate sentence for Winters, particularly the extent to which his intellectual disability and dysfunctional upbringing should mitigate his culpability. The court had to weigh these mitigating factors against the severity of the crimes committed under Skye's Law. Furthermore, the court needed to consider the discount applicable for pleading guilty at arraignment, a factor that traditionally results in a reduced sentence.

The court determined that Winters' intellectual disability and challenging upbringing did indeed mitigate his moral culpability, but this was balanced against the gravity of the offences. The court acknowledged the discount for pleading guilty at the time of arraignment, which was a significant factor in determining the final sentence. Ultimately, the court sentenced Winters to an aggregate term of imprisonment of five years, with a non-parole period of two years. This sentence reflects a careful consideration of all mitigating and aggravating factors, aiming to achieve a just outcome in the circumstances.

Orders

Orders of the court

Sentenced to an aggregate term of imprisonment of five years to commence 7 October 2015, with a non-parole period of two years.

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 Winters [2017] NSWDC 166
Hearing dates:	22 May 2017
Date of orders:	22 May 2017
Decision date:	22 May 2017
Jurisdiction:	Criminal
Before:	Sides QC DCJ
Decision:	Sentenced to an aggregate term of imprisonment of five years to commence 7 October 2015, with a non-parole period of two years.
Catchwords:	CRIMINAL LAW – Sentence: Discount for pleading guilty at Parramatta on arraignment; car jacking; Skye’s Law offence; wounding; armed robbery; intellectual disability; dysfunctional upbringing; reduced moral culpability
Legislation Cited:	Ss 10A & 53A Crimes (Sentencing Procedure) Act
Cases Cited:	R v AB [2017] NSWCCA 88 R v Koekoe [2012] NSWDC 254 R v Borkowski (2009) 195 A Cr R 1
Category:	Sentence
Parties:	The Crown Reggie Winters (Offender)
Representation:	Mr K Kirupaidasan (Crown) Mr N Leach Aboriginal Legal Service (Offender)
File Number(s):	2015/00294448