R v Coe [2019] NSWDC 236

District Court New South Wales

Medium Neutral Citation: R v Coe [2019] NSWDC 236 Hearing dates: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 5 years 3 months. Non parole period of 3 years 6 months. Catchwords: SENTENCING – Conspiracy to cause grievous bodily harm – penalty for conspiracy – Form 1 matters – criminal group - supply prohibited drugs. SENTENCING - Relevant factors on sentence – early guilty plea – background of disadvantage and social deprivation – most of life spent in gaol – no positive lessons from gaol – prospects not good – special circumstances but release must be earned. CRIME – Crime gangs – not wearing colours – constant surveillance – coded conversations – gaol phone calls recorded – codes deciphered – continued gang membership – directions of gang leader – efforts to obtain firearms and ammunition - duress. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Olbrich v The Queen [1999] HCA 54; (1999) 199 CLR 270. Texts Cited: "Does Imprisonment Deter? A Review of the Evidence" Sentencing Advisory Council, Victoria, 2011 Parole Supervision and Re-offending: Wai-Yin Wan, Suzanne Poynton, Gerard van Doorn and Don Weatherburn (2016) Australian & New Zealand Journal of Criminology v149. No.4. p 497 Category: Sentence Parties: Andrew Coe (the offender) Director of Public Prosecutions Representation: Counsel: Ms C Doosey (for the Offender)