R v Brown [2020] NSWDC 70

District Court New South Wales

Medium Neutral Citation: R v Brown [2020] NSWDC 70 Hearing dates: 27 February 2020, 3 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: Full-time custodial order to be served by way of term of imprisonment. For orders see [65] Catchwords: SENTENCE – aggravated break and enter and commit – imprisonment – history of abuse and disadvantage – auditory hallucinations – depression and suicidal ideations – childhood trauma – Aboriginal – drug and alcohol addictions – prior criminal history Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Callaghan v R [2006] NSWCCA 58 DPP v De La Rosa [2010] NSWCCA 194 Markarian v The Queen [2005] HCA 25 Mill v The Queen (1988) 166 CLR 59 Muldrock v The Queen (2011) 244 CLR 120 R v Hayes [1984] 1 NSWLR 740 R v Huynh [2005] NSWCCA 220 R v Jarrold [2010] NSWCCA 69 R v Millwood [2012] NSWCCA 2 R v Mouzomenos [2005] NSWCCA 203 Category: Sentence Parties: Regina (Crown) Sonny Brown (Defendant) Representation: Mr Wilcox-Watson (Crown) Ms Socorro (Defence) File Number(s): 2019/99490 Publication restriction: N/A

Judgment 1. The offender Sonny Brown, born in 1998, is before the court for sentence for aggravated break and enter and commit serious indictable offence, contrary to section 112(2) of the Crimes Act 1900 for which the maximum penalty is 20 years and the standard non-parole period is 5 years. 2. There is also a Form 1 matter which the offender asks me to take into account when sentencing him, which is a charge of resist officer in execution of duty, contrary to section 58 of the Crimes Act 1900.