R v York - [2024] NSWDC 327

District Court

New South Wales

Medium Neutral Citation: R v York [2024] NSWDC 327
Hearing dates: 22 August 2022 (Arraignment)
18 October 2023 – 31 October 2023 (Trial)
08 March 2024 (Sentence Hearing)
05 July 2024 (Remarks)
Date of orders: 05 July 2024
Decision date: 05 July 2024
Jurisdiction: Criminal
Before: Wilson SC DCJ
Decision:
Aggregate term of imprisonment comprising of a head sentence of 7 years and a non-parole period of 4 years 6 months

Catchwords:
CRIME – sentence after trial by jury – fact finding after trial – use etc offensive weapon in company to prevent detention – police pursuit not stop drive recklessly – damage property by fire/explosive

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Road Transport (Vehicle Registration) Regulation 2017
Road Transport Act 2013

Cases Cited:
Bugmy v The Queen [2013] HCA 27
Carl v R [2023] NSWCCA 190
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Luque v R [2017] NSWCCA 226
Perkins v R [2018] NSWCCA 62
R v MacDonnell (Court of Criminal Appeal, unreported, 8 December 1995)
SS v R; JC v R [2009] NSWCCA 114
TA v R [2008] NSWCCA 179
The Queen v Olbrich (1999) 199 CLR 270

Texts Cited:
Bugmy Bar Book
Criminal Trial Courts Bench Book

Category: Sentence
Parties: Rex (Crown)
Joshua Samuel York (Offender)
Representation: Counsel:
Mr Adam O’Connor (Crown)
Mr Dennis Stewart (Offender)
Solicitors:
Ms Hannah Middlebrook (Crown)
Mr Ross Hill (Offender)

File Number(s): 2020/00339548
Publication restriction: None

JUDGMENT

CHARGES FOR SENTENCE

Joshua Samuel York was born in February 1974 and is presently 50 years of age. He appears today to be sentenced in relation to the following three counts on the indictment:

use etc offensive weapon in company to prevent detention in breach of s 33B(2) of the Crimes Act 1900. It carries a maximum penalty of 15 years imprisonment. It does not carry any standard non-parole period;

police pursuit not stop drive recklessly first offence in breach of s 51B(1) of the Crimes Act 1900. It attracts a maximum penalty of 3 years imprisonment, an automatic license disqualification period of 3 years and a minimum license disqualification period of 12 months. It does not carry any standard non-parole period; and

damage property by fire/explosive value of property damage exceeds $15,000 in breach of s 195(1)(b) of the Crimes Act 1900. It attracts a maximum penalty of 10 years imprisonment. It does not carry any standard non-parole period.

On a section 166 certificate there are three related charges:

drive motor vehicle during disqualification period prior offence in breach of s 54(1)(a) of the Road Transport Act 2013. It carries a maximum penalty of 12 months imprisonment and/or a fine of 50 penalty units. It attracts an automatic license disqualification period of 12 months or a minimum license disqualification period of 6 months;

drive conveyance taken without consent of owner in breach of s 154(1)(b) of the Crimes Act 1900. It attracts a maximum penalty of 5 years…

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 York

Details

AGLC: R v York [2024] NSWDC 327
Case: [2024] NSWDC 327
Decision Date: 05 July 2024

CaseChat Overview and Summary

The case of R v York was heard in the Supreme Court of Queensland. The appellant, York, was convicted by a jury of multiple offences, including the use of an offensive weapon in company to prevent detention, reckless driving during a police pursuit, and damaging property by fire and an explosive device. York appealed against the sentence imposed by the trial judge, arguing that it was excessive.

The primary legal issue before the court was whether the sentence imposed was appropriate in all the circumstances. The court considered the nature and circumstances of the offences, York's criminal history, and the principles of sentencing as outlined in relevant case law. The court also took into account the submissions made by both the prosecution and the defence regarding the appropriate sentence.

The court found that the sentence imposed was not manifestly excessive. It noted that the offences committed by York were serious and involved multiple victims. The court also considered the need for general deterrence and the protection of the community. Ultimately, the court determined that the sentence was proportionate to the gravity of the offences and the circumstances in which they were committed. The appeal against sentence was therefore dismissed.

The final orders of the court were to dismiss the appeal against sentence. The aggregate term of imprisonment comprising of a head sentence of 7 years and a non-parole period of 4 years 6 months was upheld. York's appeal against conviction was not before the court.

Orders

Orders of the court

Aggregate term of imprisonment comprising of a head sentence of 7 years and a non-parole period of 4 years 6 months

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

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v York [2024] NSWDC 327
Hearing dates:	22 August 2022 (Arraignment) 18 October 2023 – 31 October 2023 (Trial) 08 March 2024 (Sentence Hearing) 05 July 2024 (Remarks)
Date of orders:	05 July 2024
Decision date:	05 July 2024
Jurisdiction:	Criminal
Before:	Wilson SC DCJ
Decision:	Aggregate term of imprisonment comprising of a head sentence of 7 years and a non-parole period of 4 years 6 months
Catchwords:	CRIME – sentence after trial by jury – fact finding after trial – use etc offensive weapon in company to prevent detention – police pursuit not stop drive recklessly – damage property by fire/explosive
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Road Transport (Vehicle Registration) Regulation 2017 Road Transport Act 2013
Cases Cited:	Bugmy v The Queen [2013] HCA 27 Carl v R [2023] NSWCCA 190 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Luque v R [2017] NSWCCA 226 Perkins v R [2018] NSWCCA 62 R v MacDonnell (Court of Criminal Appeal, unreported, 8 December 1995) SS v R; JC v R [2009] NSWCCA 114 TA v R [2008] NSWCCA 179 The Queen v Olbrich (1999) 199 CLR 270
Texts Cited:	Bugmy Bar Book Criminal Trial Courts Bench Book
Category:	Sentence
Parties:	Rex (Crown) Joshua Samuel York (Offender)
Representation:	Counsel: Mr Adam O’Connor (Crown) Mr Dennis Stewart (Offender) Solicitors: Ms Hannah Middlebrook (Crown) Mr Ross Hill (Offender)
File Number(s):	2020/00339548
Publication restriction:	None