R v Cordell; R v Petersen [2014] NSWDC 74

District Court New South Wales

Medium Neutral Citation: R v Cordell; R v Petersen [2014] NSWDC 74 Decision date: 21 February 2014 Before: Cogswell SC DCJ Decision: Petersen: for four offences - assault occasioning actual bodily harm in company x 2; detain with intent to steal property in company; use offensive weapon to commit an act of indecency - aggregate sentence of 9 years imprisonment, non-parole period 4½ years. Cordell: for two offences - assault occasioning actual bodily harm in company; detain with intent to steal property in company - aggregate sentence of 2 years imprisonment suspended. Catchwords: CRIMINAL LAW - Particular offences - offences against the person during home invasion - Sentence - relevant factors - Petersen - greater criminality than co-offender - on conditional liberty - prior conviction for serious personal violence - response to charges - guilty plea - 12% discount - remorseful - nature and circumstances of offender - Aboriginality - young age - rehabilitative courses and work in prison - supportive family - Form 1 taken into account - Cordell - joint criminal enterprise - significantly lower criminality than co-offender - nature and circumstances of offender - adverse childhood, learning difficulties, long history substance abuse - strong work ethic - purpose of sentence - rehabilitation - demonstrated extraordinary commitment to rehabilitation - reached advanced stage of Odyssey House program - 2 years quasi custody. Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 14 Crimes Act 1900 (NSW) ss 33B(1)(a), 59(2), 86(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10A, 12, 21A, 32 Cases Cited: Atholwood v The Queen [1999] WASCA 256; 109 A Crim R 465. Bugmy v The Queen [2013] HCA 37; 87 ALRJ 1022; 302 ALR 192. Callaghan v R [2006] NSWCCA 58; 160 A Crim R 145. Cameron v The Queen [2002] HCA 6; 209 CLR 339; 76 ALRJ 382. Category: Sentence Parties: Regina (Crown) Ricky Cordell (Offender) Dean Petersen (Offender) Representation: Counsel: D Patch (Crown) B Eurell (Offender - Cordell) S Molloy (Offender - Petersen) File Number(s): DC 2011/00324583 (Cordell) DC 2011/00345678 (Petersen)