District Court
New South Wales
Medium Neutral Citation: Regina v Caine FOX [2020] NSWDC 329 Hearing dates: 16 June 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Jurisdiction: Criminal Before: Lerve DCJ Decision: Aggregate sentence – see paras [63]-[67]
Catchwords: Crime – sentencing – aggravated break enter and steal – break enter and steal – dishonestly obtain financial advantage – deal with proceeds of crime – take and drive conveyance – drive manner dangerous in police pursuit – break and enter with intent – break enter and steal – form 1 – Bugmy factors
Legislation Cited: Crimes Act, 1900
Cases Cited: The Attorney General’s Application pursuant to s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 (2002) 56 NSWLR 146
Bugmy v The Queen [2013] HCA 37
R v Niass unrep. NSWCACA 16 Nov 1988
Category: Sentence Parties: Regina
Caine FoxRepresentation: Solicitors:
Mr A Hanshaw for the Crown
Mr D Wilson for the Offender
File Number(s): 2019/40266
2019/57240Publication restriction: No
REMARKS ON SENTENCE
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The offender appeared at the Local Court at Wagga Wagga on 20 March 2020 and entered pleas of guilty to a multiplicity of offending as follows:
H262471897
Sequence 3 Break Enter and Commit Serious Indictable Offence (Larcency) contrary to s 112(1) of the Crimes Act, 1900
Sequence 6 Dishonestly Obtain Financial Advantage contrary to s 192E(1)(b) of the Crimes Act; and
Sequence 7 Deal with Proceeds of Crimes Contrary to s 193C(2) of the Crimes Act.
H75050519
Sequence 1 Break Enter and Commit Serious Indictable Offence (Larceny), contrary to s 112(1) of the Crimes Act;
Sequence 2 Take and Drive Conveyance Without the Consent of the Owner, contrary to s 154A(1)(a) of the Crimes Act;
Sequence 3 Drive Manner Dangerous in Police Pursuit (2nd Offence), contrary to s 51B(1) of the Crimes Act;
Sequence 6 Break Enter and Commit Serious Indictable Offence (Larceny) contrary to s 112(1) of the Crimes Act;
Sequence 7 Break and Enter with Intent to Commit a Serious Indictable Offence contrary to s 113(1) of the Crimes Act; and
Sequence 12 Aggravated Break Enter and Commit Serious Indictable Offence (Larceny) (Aggravating circumstances being persons present) contrary to s 112(2) of the Crimes Act.
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There is also a charge of driving while unlicensed attaching to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986.
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The pleas of guilty were adhered to at the sentence hearing at the Wagga Wagga District Court on 5 June 2020 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty.
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The maximum penalty for the offences contrary to s 112(1) of the Crimes Act is 14 years imprisonment. The…
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- AGLC
- Regina v Caine Fox [2020] NSWDC 329
- Case
- [2020] NSWDC 329
- Decision Date
CaseChat Overview and Summary
The court examined various factors to determine the appropriate sentence, including the Bugmy factors, which involve assessing the culpability, deterrence, and protection of the community. The court also considered the defendant's criminal history, the nature and circumstances of the offences, and the impact on the victims. Given the serious and violent nature of the crimes, the court concluded that an aggregate sentence was necessary. The court weighed the defendant's remorse, any mitigating factors, and the need to ensure public safety.
After considering all the evidence and arguments presented, the court decided on an aggregate sentence. The specifics of the sentence, including the total term and any conditions, were detailed in paragraphs [63]-[67] of the judgment. The court's decision was based on the need to adequately punish the defendant while also considering the principles of justice and rehabilitation. The final orders were made in accordance with the court's determination of the appropriate sentence.
Orders
Orders of the court
Aggregate sentence – see paras [63]-[67]
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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