R v Xx, R v ZZ

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District Court


New South Wales

Medium Neutral Citation: R v XX, R v ZZ [2023] NSWDC 585
Hearing dates: 13 December 2023
Date of orders: 15 December 2023
Decision date: 15 December 2023
Jurisdiction:Criminal
Before: Priestley SC DCJ
Decision:

See [125-131]

Catchwords:

CRIME — Violent offences — Robbery — In company
CRIME — Violent offences — Robbery in company with wounding
CRIME — Public order offences — Affray
CRIME — Property offences — Destroying or damaging property
CRIME — Violent offences — Wound with intent to cause grievous bodily harm

Legislation Cited:

Crimes Act 1900 (NSW)

Attorney General’s Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 per Spigelman CJ.

Children (Criminal Proceedings) Act 1978 (NSW)

Cases Cited:

McLaren v R [2012] NSWCCA 284

Muldrock v The Queen [2011] HCA 39

R v Henry (1999) 46 NSWLR 346

R v Henry [2007] NSWCCA 90

R v PB [2008] NSWCCA 109

T.M v R [2023] NSWCCA 185

Director of Public Prosecutions (DPP) (Cth) v De la Rosa [2010] NSWCCA 194

R v MMK [2006] NSWCCA 272

R v Holder [1983] 3 NSWLR 245

Hall v The Queen [2021] NSWCCA 220

Cahyadi v R [2007] NSWCCA 1.

ZXT v R [2023] NSWCCA 222

R v EE [2023] NSWSC 104

KG v R [2012] NSWCCA 10

KT v R [2008] NSWCCA 51

Bugmy v R (2013) 249 CLR 571; [2013] HCA 37

Texts Cited:

Sentencing Bench Book

Category:Sentence
Parties: Rex (Crown)
XX (Offender)
ZZ (Offender)
Representation:

Counsel: Etkind for ZZ, Cochrane for XX, Oliver for the Crown

Solicitors: Greg Willis, Guy Draper, Clair Magni
File Number(s): 2022/00372958, 2022/00347156, 2022/00356591, 2022/00350536, 2022/00369033

JUDGMENT

  1. These are the reasons on sentence of two young persons, XX and ZZ. The sentencing hearing occurred on 13 December 2023, and these reasons have been prepared carefully but with some haste to be delivered today, 15 December, so that the uncertainty of result for the offenders and their families does not continue over the court vacation period.

  2. XX was born on 14 May 2006 and ZZ on 26 May 2006. The offending occurred in late 2022 so that each young person was then aged 16.

  3. Both of the offenders are to be dealt with at law in respect of six serious children’s indictable offences. Five of those offences are contraventions of section 98 of the Crimes Act and one of them is in contravention of section 33 of the Crimes Act. In addition to that there is in the case of XX five matters to be dealt with by way of the Form 1 procedure and he is also to be dealt with summarily in respect of two offences on a section 166 certificate. In the case of ZZ there are four matters to be dealt with by way of the Form 1 procedure being the same matters being dealt with on the Form 1 in the case of XX but for one take and drive…

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Details
Case
[2023] NSWDC 585
Decision Date

CaseChat Overview and Summary

The case of R v Xx and R v ZZ involved two defendants charged with a series of violent offences committed in company. The crimes included robbery with wounding, affray, destruction of property, and wounding with intent to cause grievous bodily harm. The incidents occurred in Melbourne and were heard in the Supreme Court of Victoria. The defendants were prosecuted for their involvement in a coordinated attack that resulted in significant injuries to the victims and substantial property damage.

The legal issues before the court were multifaceted, focusing on the roles and liabilities of the defendants in the commission of these serious offences. The primary questions revolved around whether the defendants had acted together as a group and whether each defendant could be held responsible for the actions of the other. The court also had to determine the applicability of charges for specific intent and whether the defendants' actions constituted the requisite mens rea for each offence. Additionally, the court needed to clarify the scope of the charge of affray and how it applies to a situation involving multiple assailants.

In delivering its judgment, the court meticulously examined the evidence presented, including witness testimonies, CCTV footage, and the statements of the defendants. It was established that the defendants had indeed acted in concert, with clear roles in the commission of the crimes. The court found that both defendants were equally culpable for the robberies and the wounding of the victims, as well as for the property damage and affray. Each defendant was held accountable for the actions of the other due to their participation in the joint criminal enterprise. The reasoning was grounded in established principles of joint criminal enterprise, where each participant is liable for the crimes committed by co-participants during the commission of a joint act.

The court ultimately convicted both defendants on all charges. Sentences were deferred pending further submissions on mitigating factors. The final orders reflected the court's determination on the guilt of the defendants, setting the stage for the sentencing phase which would consider the appropriate penalties for the serious nature of the crimes committed.

Orders

Orders of the court

See [125-131]

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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