District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Brown [2023] NSWDC 477 Hearing dates: 19 October 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) The offender, having pleaded guilty, is convicted of the offences.
(2) I impose a total aggregate sentence of imprisonment 4 years 6 months to date from 1 February 2023 and to expire on 31 July 2027.
(3) I impose a non-parole period of 3 years 4 months to date from 1 February 2023 and expiring on 31 May 2026.
(4) The earliest date the offender is eligible to be released on parole is 31 May 2026.
Catchwords: CRIME – sentencing – attempt steal motor vehicle - aggravated enter dwelling house with intent to commit serious indictable offence – larceny - demand property with menaces with intent to steal - intentionally destroy property by fire – possess prohibited drug – Form 1 offences - multiple offences – principle of totality - offences committed whilst on parole – lengthy criminal record - Bugmy principles – guilty plea
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Cases Cited: Bugmy v The Queen [2013] 249 CLR 571
Director of Public Prosecutions (NSW) v TH [2023] NSWCCA 81
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1
Imbornone v R [2017] NSWCCA 144
Muldrock v R (2011) 244 CLR 120
R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381
R v Qutami (2001) 127 A Crim Reports 369; [2001] NSWCCA 353
Category: Sentence Parties: Rex (Crown)
Zarad Brown (Offender)Representation: Counsel:
Solicitors:
Mr Williams (Offender)
Department of Public Prosecution (DPP) (Crown)
Ross Hill & Associate Solicitors (Offender)
File Number(s): 2022/00150068 Publication restriction: None
Judgment
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The offender appeared at Campbelltown Local Court on 21 December 2022, pleading guilty to the following offences: –
Sequence 10 – Attempt steal motor vehicle contrary to s 154F of the Crimes Act 1900 carrying a maximum penalty of 10 years imprisonment with no standard non-parole period.
Sequence 14 - Aggravated enter dwelling house with intent to commit serious indictable offence, namely, larceny, contrary to s 111(2) of the Crimes Act 1900 carrying a maximum penalty of 14 years imprisonment with no standard non-parole period.
Sequence 15 - Demand property with menaces with intent to steal contrary to s 99(1) of the Crimes Act 1900 carrying a maximum penalty of 10 years imprisonment with no standard non-parole period.
Sequence 7 - Larceny contrary to s 117 of the Crimes Act 1900 carrying a maximum penalty of 5 years…
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- AGLC
- R v Zarad Brown [2023] NSWDC 477
- Case
- [2023] NSWDC 477
- Decision Date
CaseChat Overview and Summary
The court had to determine an appropriate sentence for Brown, considering the principle of totality, the Bugmy principles, and the need to balance the deterrence and denunciation aspects of sentencing with the rehabilitative potential. Given Brown's guilty plea, the court was also required to assess the discount for a plea of guilty, as well as the impact of his actions while on parole. The court needed to weigh the seriousness of the individual offences, their cumulative effect, and the overall impact on the community.
The sentencing judge acknowledged the seriousness of the offences and the need for significant punishment and deterrence. The court recognised Brown's guilty plea and the potential for rehabilitation, but also emphasised the need for denunciation and protection of the community. After considering all relevant factors, the judge imposed a total aggregate sentence of imprisonment for 4 years and 6 months, with a non-parole period of 3 years and 4 months. The earliest date for parole eligibility was set as 31 May 2026. This sentence aimed to reflect the gravity of the offences, provide appropriate punishment, and offer an opportunity for Brown to address his offending behaviour and reintegrate into society.
Orders
Orders of the court
(1) The offender, having pleaded guilty, is convicted of the offences.
(2) I impose a total aggregate sentence of imprisonment 4 years 6 months to date from 1 February 2023 and to expire on 31 July 2027.
(3) I impose a non-parole period of 3 years 4 months to date from 1 February 2023 and expiring on 31 May 2026.
(4) The earliest date the offender is eligible to be released on parole is 31 May 2026.
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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