R v AM [2012] NSWSC 1635

Supreme Court New South Wales

Medium Neutral Citation: R v AM [2012] NSWSC 1635 Hearing dates: 30 August; 9 and 12 December 2012 Decision date: 14 December 2012 Jurisdiction: Common Law - Criminal Before: Latham J Decision: Convicted of the offence of affray. Accused is to enter a bond under s 9 of the Crimes (Sentencing Procedure) Act to be of good behaviour for a period of three years to date from today (14 December 2012). Catchwords: CRIMINAL LAW - sentence - affray - plea of guilty - parity - offender may only be sentenced for conduct giving rise to affray not conduct resulting in other offence - objective gravity of offence assessed as being particularly serious - juvenile offender Legislation Cited: Children (Criminal Proceedings) Act 1987 Cases Cited: R v Mariam [2012] NSWSC 1023 R v Abdulhardi NSWSC 20 April 2012 Stevens v R [2007] NSWCCA 152 Khanwaiz & Ors v R [2012] NSWCCA 168 Category: Sentence Parties: Regina - Crown AM - Offender Representation: Counsel P Barrett - Crown Greg Scragg - Offender Solicitors Solicitor for Public Prosecutions - Crown Lawyers Corp - Offender File Number(s): 2010/97237 Publication restriction: The name of the offender and any information capable of identifying him is prohibited under the Children (Criminal Proceedings) Act 1987

SENTENCE 1The offender, AM, pleaded guilty on 30 August 2012 to one count of affray committed on 25 June 2009. The offence carries a maximum penalty of 10 years imprisonment. 2On the day of the offence, eleven young men gathered in a car park at Milperra to settle a dispute between two opposing groups. The tragic consequences of that evening have already been the subject of sentences imposed upon this offender's older brother, MM (see R v Mariam [2012] NSWSC 1023). This offender stands to be sentenced on the basis of an agreed statement of facts that does not attribute to him any knowledge of the presence of firearms at the scene. 3There are obvious considerations of parity at play, given the sentencing of a number of co-offenders for their part in the same affray, in particular this offender's older brother MM. I have previously commented on the absence of any upward movement in relation to the range of sentences imposed for affray since the maximum penalty was doubled as and from 15 December 2005 ; R v Abdulhardi NSWSC 20 April 2012.