R v Rufeal Meskele [2021] NSWDC 704

District Court New South Wales

Medium Neutral Citation: R v Rufeal Meskele [2021] NSWDC 704 Hearing dates: 25 June, 08 October and 19 November 2021 Date of orders: 09 December 2021 Decision date: 09 December 2021 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: See [95] Catchwords: CRIMINAL LAW –– Joint criminal enterprise – Break and enter – Co-offenders plan to invade the home of a drug dealer – Upon realising the wrong home has been invaded the co-offenders pursue to rob the home occupants – use of dangerous weapons SENTENCE –– Fact finding – Offender's role in the joint criminal enterprise – Offender sentenced on basis of lesser role in the joint criminal enterprise – Offending found to be within the mid-range of objective seriousness – Aggravating factors – Offence committed in company – Threatened use of violence – Offending occurred in the home of the victim SENTENCE –– Remorse not established – Offender does not possess a significant prior record – Offender found to be a medium risk of re-offending with reasonable prospects of rehabilitation – COVID-19 and its impacts on inmates taken into account by the Court – Parity considered by virtue of sentences imposed on other co-offenders in the joint criminal enterprise Legislation Cited: Crimes Act 1900 (NSW) ss 97 112, 113 Crimes (Administration of Sentences) Act 1999 (NSW) s 276 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5, 21A, 30E Cases Cited: Corda v R [2014] NSWCCA 281 Dougan v R (2006) A Crim R 135 Hamze v R [2006] NSWCCA 36 Huynh v R [2006] NSWCCA 224 Makrynikos v R [2006] NSWCCA 170 Marshall v R [2007] NSWCCA 24 R v Duffy (2014) 297 FLR 359 R v Wong [2003] NSWCCA 247 Shortland v R [2013] NSWCCA 4 Toller v R [2021] NSWCCA 204 Category: Sentence Parties: Regina (the Crown) Rufeal Meskele (the Offender) Representation: Counsel: Mr T. Buckingham (trial advocate for the Crown) Ms F. Jowett (for the Offender)