R v Brown, Haines & Ingray [2022] NSWDC 130

District Court New South Wales

Medium Neutral Citation: R v Brown, Haines & Ingray [2022] NSWDC 130 Hearing dates: 15 October 2021, 17 December 2021 Date of orders: 27 January 2022 Decision date: 27 January 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: Brown: Indicative sentences: see attached schedule Aggregate sentence: Convicted. Sentenced to an aggregate term of imprisonment of 5 years 6 months commencing 30 December 2020 and expiring 29 June 2026 Non-Parole period - 4 years 1 month and 14 days First eligible for parole on 12 February 2025 Haines: Indicative sentences: see attached schedule Aggregate sentence: Sentenced to a term of imprisonment of 6 years and 6 months commencing 12 June 2020 and expiring 11 December 2026 Non-Parole period - 4 years 7 months First eligible for parole on 11 January 2025 Ingray: Form 1A (JL Seq 90, 93, 73) taken into account in re Count 5 (JL 77) Form 1B (JL Seq 55, 56, 17) taken into account in re Count 10 (JL 79) Form 1C (JL Seq 89, 92) taken into account in re Count 21 (JL 84) Form 1D (JL Seq 23, 29) taken into account in re Count 26 (JL 85) s166 matters (JL Seq 41, 42, 43, 44) : Convicted pursuant to s10A – no further action taken. Special circumstances found as per remarks on sentence. Indicative sentences: see attached schedule Aggregate sentence: Sentenced to an aggregate term of imprisonment of 11 years & 6 months commencing 1 April 2019 expiring 30 September 2030 Non-Parole period - 8 years First eligible for parole on 32 March 2027 Catchwords: CRIMINAL – sentence – 3 co-offenders - joint criminal enterprise - multiple offences of robbery etc - aggravated break and enter and commit serious indictable offence, people there - aggravated break, enter and steal - enter building/land with intent to commit indictable offence -steal motor vehicle - assault with intent to rob in company - be carried in a conveyance taken without consent of the owner – extent to which offences planned or opportunistic -roles of offenders – further offenders sentenced separately – parity - subjective matters Legislation Cited: Crimes Act 1900 Cases Cited: Bugmy v the Queen [2013] HCA 37 Callaghan v R [2006] NSWCCA 58. Pearce v The Queen (1998) 194 CLR 610 R v Fernando [2002] NSWCCA 28 R v Hoschke (2001) NSWCCA 317 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Millwood [2012] NSWCCA 2 R v Moffatt (1990) 20 NSWLR 114 Category: Sentence Parties: Regina Brown, Aaron Haines, Tony Ingray, Wayne Representation: Counsel: Crown: Mr A Metcalfe Brown: Mr G Wendler Haines: Mr M Juhasz Ingray: Ms M Fernando