R v Hagan [2015] NSWDC 403

District Court New South Wales

Medium Neutral Citation: R v Hagan [2015] NSWDC 403 Hearing dates: 9, 13, 17 and 20 November 2015, 18 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: See paragraph [40] Catchwords: CRIMINAL LAW – particular offences – offences against the person – armed robbery against a taxi driver and robbery of a man at an ATM; CRIMINAL LAW – sentence – relevant factors – theft of $750 from taxi driver – knife used – threats made towards taxi driver – theft of money from an ATM – offences committed whilst on parole – finding that offences fell within Henry guideline – subjective features – finding of remorse - Aboriginal offender aged 24 – application of Bugmy v The Queen - previous ward of the state – exposure to domestic violence as a child - lengthy criminal history – risk of institutionalisation - drug addiction issues – engagement with methadone program - offender of below average intelligence - limited history of employment - poor attitude to supervision on parole – risk of re-offending – finding of special circumstances – early plea of guilty – 25% discount on sentence - aggregate sentence of 3 years 9 months imprisonment with a non-parole period of 2 years imposed - partial backdating of sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 R v BP [2010] NSWCCA 159 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: Regina (Crown) Sean Hagan (Offender) Representation: Solicitors: Ms T Hennessy (for Director of Public Prosecutions (NSW)) Mr C Dane (for Offender) File Number(s): 2014/269112 Publication restriction: Pseudonyms have been adopted for the names of the offender's children