R v Rees [2019] NSWDC 681

District Court New South Wales

Medium Neutral Citation: R v Rees [2019] NSWDC 681 Hearing dates: 9 August 2019 Decision date: 09 August 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of six years four months with a non-parole period of four years. four months For orders see [69] to [74] Catchwords: SENTENCE – Sentence after trial – acquittals on some counts – prosecution version of events not accepted beyond reasonable doubt – defence version of events unbelievable – three incidents – firearms offence – malicious damage to property – offences against police – escape. SENTENCING - Relevant factors on sentence - sentence after trial – sentence after guilty plea - firearms offence – offences against police – offences by escapee- long custodial history – impact of the escape "E" classification – impact of violent and dysfunctional childhood – impact of long periods of custody as a child and adult – long term drug and alcohol abuse – record of violent offending – anti-social behaviour now a norm – need for support and intervention on release – grim prospects on release. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Cases Cited: Attorney General's Application No 2 of 2002 [2002] 137 A Crim R 196 Bugmy v The Queen (2013) 249 CLR 571 Elturk v R [2014] NSWCCA 61 Jinnette v R [2012] NSWCCA 217 Mill v The Queen (1988) 166 CLR 59 R v Engert (1995) 84 A Crim R 67 R v Pham [2005] NSWCCA 94 R v Plummer [2000] NSWCCA 363 R v Zhang [2004] NSWCCA 358 Tepania v R [20018] NSWCCA 247 Turnbull v R [2019] NSWCCA 97 Veen v The Queen (No 2) (1988) 164 CLR 465. Texts Cited: 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 Category: Sentence Parties: Jason Lee Rees (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defenders NSW (for the Offender) Mr M Fox, Crown Prosecutor (for the Director of Public Prosecutions)