R v Haggart and Brooks [2021] NSWDC 406

District Court New South Wales

Medium Neutral Citation: R v Haggart and Brooks [2021] NSWDC 406 Hearing dates: 18/11/20, 28/1/20, 7/5/21, 25/5/21 Date of orders: 25/5/21 Decision date: 25 May 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Haggart: Convicted and sentenced to an aggregate term of imprisonment of 7 years 10 months with a NPP of 4 years 10 months (25/7/20-24/5/25). I find special circumstances. The indicative sentences are (25 percent discount for plea for each): GBH with intent – 6 years with NPP 3 years 8 months (Form 1 taken into account). Aggravated robbery – 3 years Possess unauthorised pistol – 2 years 6 months with NPP 1 year 6 months. Brooks: Convicted and sentenced to imprisonment for a term of 6 years 6 months with a NPP of 4 years (25/6/20-24/6/24). I find special circumstances. I take the Form 1 into account. 5 percent discount for plea. Catchwords: Crime – Sentence – Aggravated robbery – Possess unauthorised pistol – Causing grievious bodily harm with intent Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Azzi v R [2008] NSWCCA 169 Bugmy v The Queen [2013] 302 ALR 192 R v Henry [1999] 46 NSWLR 346 Category: Sentence Parties: NSW DPP – Crown Ryan Eric Haggart – Offender Dean Aaron Brooks - Offender Representation: Ms M Masanovic for Crown Mr McGrath for Haggart Mr Woodbury for Brooks File Number(s): 2019/309197, 2020/132804, 2019/30928