R v Brown; R v Dungay [2020] NSWDC 921

District Court New South Wales

Medium Neutral Citation: R v Brown; R v Dungay [2020] NSWDC 921 Hearing dates: 23 November 2020 Decision date: 25 November 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Brown: Convicted. Form 1 matter taken into account on sentence. Special circumstances found –to have longer period of supervision within the community to assist him to rehabilitate within the community & to assist him to overcome his use of illegal drugs. The offender is sentenced to a term of imprisonment of 4 years comprising a NPP of 2 years and 6 months to commence on 28 November 2019 and to expire on 27 May 2022 and a balance of term of 1 year and 6 months commencing on 28 May 2022 and expiring on 27 November 2023. Dungay: Convicted. Form 1 matter taken into account. Special circumstances found – longer period of supervision within the community to assist in drug rehabilitation – residential drug rehab program recommended & I note the psychologist's recommendation that he be housed in minimum security. (Copy psych rpt to be taken into custody with the offender). The offender is sentenced to a term of imprisonment for 3 years and 6 months comprising a NPP of 2 years to commence on 28 February 2020 and to expire on 27 February 2022, and a balance of term of 1 year and 6 months to commence on 28 February 2022 and to expire on 27 August 2023. Catchwords: CRIMINAL – sentence - specially aggravated break, enter and steal armed with a dangerous weapon – Form 1 matter in re each offender of conspiracy to commit robbery armed with a dangerous weapon – joint criminal enterprise involving two (other) offenders – objective seriousness - circumstances of aggravation –- subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Regina Brown, Gregory Andrew Michael Dungay, Wayne Representation: Counsel: Dungay: Mr R Hussey Solicitors: Crown: Ms L Hill ODPP Brown: Mr J McKenzie Dungay: Ms B Drinkwater File Number(s): Brown: 2019/00375015 Dungay: 2019/00374786