R v Drew Jason Brown [2023] NSWDC 249

District Court New South Wales

Medium Neutral Citation: R v Drew Jason Brown [2023] NSWDC 249 Hearing dates: 21 October 2022 Date of orders: 03 March 2023 Decision date: 03 March 2023 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 6 years with a non-parole period of 3 years. Catchwords: CRIME — sentence - accessory after the fact armed robbery – aggravated break and enter – possess unregistered firearm public place – accessory after the fact steal from person – common assault – totality – COVID 19 Legislation Cited: Crimes Act 1900 No 40 Crimes (Sentencing Procedure) Act 1999 No 92 Crimes (Domestic and Personal Violence) Act 2007 No 80 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Cahyadi v R [2007] NSWCCA 1 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Category: Sentence Parties: Rex (Crown) Drew Jason Brown (Offender) Representation: Counsel: Ms Creary (Crown) Mr Vulpeanu (Offender) File Number(s): 2020/00142802 2020/00356752 2020/00356551 2020/00356734 2022/00051582

JUDGMENT 1. Drew Jason Brown, 23 years of age, appears before the Gosford District Court for sentence in relation to the following six offences: 1. Accessory after the fact, armed robbery with an offensive weapon an offence pursuant to s97(1) and s347, Crimes Act. The maximum prescribed penalty for that offence is 14 years imprisonment. 2. Aggravated break and enter and commit serious indictable offence (demand money with menace) an offence pursuant to s112(2), Crimes Act. The maximum prescribed penalty is 20 years imprisonment and there is a standard non-parole period of five years. 1. When dealing with the offender for that offence, the Court is taking into account two further matters on a Form 1 as follows: 1. Stalk and intimidate an offence pursuant to s13, Crimes (Domestic and Personal Violence) Act. The maximum prescribed penalty for that offence is two years imprisonment in the Local Court and five years imprisonment in the District Court. 2. Enter land with intent to commit an indictable offence (larceny) an offence pursuant to s114(1)(d), Crimes Act. The maximum prescribed penalty when dealt with on indictment is seven years. When dealt within the Local Court is two years. 3. Possess unregistered firearm in public place an offence pursuant to s93I(2), Crimes Act. The maximum prescribed offence for this offence is 14 years imprisonment. 4. Accessory after the fact, steal from person an offence pursuant to s94(b) and s350, Crimes Act. The maximum prescribed penalty for that offence is five years imprisonment. 5. Common assault an offence pursuant to s61, Crimes Act. The maximum prescribed penalty is two years imprisonment. 6. Common assault an offence pursuant to s61, Crimes Act. The maximum prescribed penalty is two years. 1. The offender also appears before the Court in relation to a severity appeal with respect to a sentence imposed in the Wyong Local Court on 11 October 2022. In respect of three offences, he was sentenced to an aggregate sentence of 18 months imprisonment with a non-parole period of 10 months. That sentence dated from 11 October 2022. The non-parole period expires on 10 August 2023. There were three offences that formed the subject of that aggregate sentence. 2. The offender was also dealt with for two Commonwealth offences of use carriage service to menace, harass or offend. In respect of sequence 3, he was sentenced to a fixed term of six months to date from 11 April 2023 and expire on 10 October 2023. In respect of sequence 5, he was sentenced to a fixed term of two months to date from 11 April 2023 and expire on 10 June 2023. The offender was bail refused on the appeal. Accordingly, he has been serving that sentence since 11 October 2022. 3. The offender has been in continuous custody since 31 January 2022. He also served a period of custody between 16 December 2020 and 24 November 2021. He has served a number of sentences whilst in custody bail refused on the current offences. I will say more later in my remarks in relation to the commencement date of the sentence to be imposed today.