R v Steele [2024] NSWDC 511

District Court New South Wales

Medium Neutral Citation: R v Steele [2024] NSWDC 511 Hearing dates: 18 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [101]-[104] Catchwords: Specially aggravated kidnapping; robbery in company; aggregate sentence; application of the Bugmy principle Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Cahyadi v R 168 A Crim R 41; [2007] NSWCCA 1 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 KT v R (2008) 2008 A Crim R 112; [2008] NSWCCA 51 R v Achurch (2011) 216 A Crim R 152; [2011] NSWCCA 186 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 R v Newell [2004] NSWCCA 183 Category: Sentence Parties: Bailey Steele (the offender) Director of Public Prosecutions (NSW) (the Crown) Representation: Counsel: Mr G Kidd (the Crown)

Solicitors: Mr C O'Brien (the offender) Ms V O'Bryan (the Crown) File Number(s): 2022/00213630 Publication restriction: Nil.

REMARKS ON SENTENCE 1. On 4 July 2024 the offender was arraigned on an Indictment containing three Counts. Following a trial by jury the offender was found guilty of Counts 1 and 3 on the Indictment as follows:- Count 1 On or about 12 February 2022, at Terrigal and elsewhere in the State of New South Wales, while in the company of Brock Pearson, "RS", Ethan Gualdi and Darius Bagang, detained Jesse Tarasenko without his consent, and with the intention of committing a serious indictable offence, namely intimidation, and at the time actual bodily harm was occasioned to Jesse Tarasenko. Count 3 On or about 12 February 2022, at North Gosford in the State of New South Wales, while in the company of Brock Pearson, "RS", Darius Bagang, Ethan Gualdi and each other, robbed Brandon Alamango of cash and a gold watch, the property of Brandon Alamango. 1. Count 1 is an offence pursuant to s86(3) of the Crimes Act 1900 and the maximum penalty prescribed is imprisonment for 25 years. Count 3 is an offence pursuant to s97(1) of the Crimes Act 1900 and the maximum penalty is imprisonment for 20 years. There is no standard non-parole period prescribed for either offence.