R v Barrett; R v DM [2023] NSWDC 114

District Court New South Wales

Medium Neutral Citation: R v Barrett; R v DM [2023] NSWDC 114 Hearing dates: 6 April 2023 Decision date: 14 April 2023 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: In regard to the offender Noel Barrett: (1) The offender is sentenced to an aggregate term of imprisonment of 10 years, with a non-parole period of 6 years and 6 months, commencing on 21 December 2022. (2) The first date the offender will be eligible for release to parole is 20 June 2029. (3) The sentence expires on 20 December 2032. (4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount): (i) 3 years for the offence of attempted specially aggravated detain in company. (ii) 9 years for the offence of specially aggravated detain in company. In regard to the offender DM: (1) The offender is sentenced to an aggregate term of imprisonment of 13 years, with a non-parole period of 8 years and 6 months, commencing on 7 November 2037. (2) The first date the offender will be eligible for release to parole is 6 May 2046. (3) The sentence expires on 6 November 2050. (4) Pursuant to s 53A(2) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates that the sentences that would have been imposed for each offence are (following the application of the 25% discount): (i) 3 years for the offence of attempted specially aggravated detain in company. (ii) 12 years for the offence of specially aggravated detain in company. Catchwords: SENTENCING – Relevant factors on sentence – Co-offenders – Joint sentence proceedings - Specially aggravated detain in company with intent to obtain advantage – Objective seriousness – Aggravating factors - Gratuitous cruelty – Substantial harm, injury, loss or damage - Conditions of custody – Moral culpability - Deprived upbringing – Mental illness – Special circumstances Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518 Bugmy v The Queen (2013) 249 CLR 571 DG v R [2017] NSWCCA 139 DPP v De La Rosa [2010] NSWCCA 194 DS v R; DM v R [2022] NSWCCA 156 Hraichie v R [2022] NSWCCA 155 Ibbotson (A Pseudonym) v R [2020] NSWCCA 92 Johnson v The Queen [2004] HCA 15 McCullough v R [2009] NSWCCA 94 Muldrock v The Queen (2011) 244 CLR 120 R v MAK [2006] NSWCCA 381 R v Newell [2004] NSWCCA 183 R v Speechley [2012] NSWCCA 130 RH McL v The Queen (2000) 203 CLR 452 Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Noel Barrett (Offender) DM (Offender) Representation: Counsel: Mr J Stanhope (Crown) Mr P Johnson (Noel Barrett) Ms C Akthar (DM)