R v Honeysett (No 2) (Sentence) [2023] NSWSC 103

Supreme Court New South Wales

Medium Neutral Citation: R v Honeysett (No 2) (Sentence) [2023] NSWSC 103 Hearing dates: 13 and 14 February 2023 Date of orders: 14 February 2023 Decision date: 14 February 2023 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Mr Honeysett is sentenced to a period of imprisonment of 1 year and 6 months commencing on 10 October 2020 and expiring on 9 April 2022, with a non-parole period of 1 year commencing on 10 October 2020 and expiring on 9 October 2021. Catchwords: CRIMINAL LAW – sentencing – attempted robbery in company – cognitively impaired offender – limited role in planning – significant role in attack – use of weapons – serious example of robbery in company – where victim died of stab wounds inflicted by co-offender – where murder charge withdrawn on entry of plea – death of victim disregarded in sentencing – sentencing discount – prescriptive statutory scheme – prosecution concession accepted – 25% discount allowed – deprivation and intellectual disability – "scandalous neglect of young Indigenous people" – reduction in moral culpability – parity – where second co-offender received intensive correction order on undertaking to assist prosecution – same starting point appropriate – where offender in custody awaiting murder trial for over two years – full time custodial sentence only appropriate disposition – backdating sentence – time served sufficient Legislation Cited: Crimes Act 1900 NSW, s 97(1) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 25D, 25E Cases Cited: Black v R [2022] NSWCCA 17 Bresnahan v R [2022] NSWCCA 288 Green v R [2022] NSWCCA 230 Ke v R [2021] NSWCCA 177 R v Camilleri [2021] NSWSC 221 R v Cardoso [2003] NSWCCA 15 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Honeysett [2023] NSWSC 76 R v Rifai [2022] NSWDC 74 R v Tailford (No 2) [2021] NSWSC 695 Regina v Darrell Terry McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Rex (Crown) Jye Honeysett (Defendant) Representation: Counsel: S Baumgarten (Crown) R Mathur SC (Honeysett)