R v Mark Chambers; R v Raynor Earnshaw [2019] NSWDC 848

District Court New South Wales

Medium Neutral Citation: R v Mark Chambers; R v Raynor Earnshaw [2019] NSWDC 848 Hearing dates: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Mark Chambers: Aggregate sentence of four years. Non‑parole period of two years and six months.

Raynor Earnshaw: Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 1 year 1 month. Catchwords: SENTENCING – Take and detain – multiple offenders.

SENTENCING – Relevant factors on sentence – early guilty plea – two offenders – differing roles – victim impact – difficult family histories – unstable lives – periods in custody – drug use – risk of future offending – both will need assistance to adjust to and learn to live a normal community life. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Mark Chambers (the offender) Raynor Earnshaw (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for Chambers) Mr A Booker (for Earnshaw)

Solicitors: Legal Aid NSW (for Chambers) McAneny Lawyers (for Earnshaw) Ms E Brown for the Director of Public Prosecutions File Number(s): Mark Chambers 2019/00040381;Raynor Earnshaw 2019/00116034.