R v White [2021] NSWDC 272

R v White [2021] NSWDC 272

White's active participation in detaining the complainant in company, tying her up, pushing her, making or reinforcing threats of extreme violence, and participating in conduct that terrified her in an isolated warehouse late at night made the offence so objectively serious that only full-time custody could meet the purposes of sentencing, notwithstanding his prior good character, remorse, early guilty plea, family and work circumstances, and low risk of reoffending. A finding of special circumstances mitigated the non-parole period, but the sentence still had to reflect the gravity of the offence, deterrence, denunciation, retribution and vindication of the victim's dignity.

Jurisdiction
Australia
Judgment Date
01 June 2021
Procedural Posture
Criminal Sentencing for Detain for Advantage in Company Under S 86(2)(a) Crimes Act 1900 / Sentence After Guilty Plea in the District Court of New South Wales
Outcome
White was convicted and sentenced to imprisonment for 2 years 3 months with a non-parole period of 1 year 2 months.
Legal Topics
['detain for Advantage in Company' 'factual Dispute on Sentence' 'voice Identification From Audio Recording' 'objective Seriousness' 'guilty Plea Discount' 'full Time Custody' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['detain for Advantage in Company' 'factual Dispute on Sentence' 'voice Identification From Audio Recording' 'objective Seriousness' 'guilty Plea Discount' 'full Time Custody' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Detain for Advantage in Company Under S 86(2)(a) Crimes Act 1900 / Sentence After Guilty Plea in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether disputed factual matters from the audio recording, including who made particular threats, were established for sentencing purposes.' 'Whether White played a minor role or an active role comparable to the co-accused.' 'Whether the objective seriousness of the offence required full-time imprisonment rather than an intensive correction order or other community-based sentence.' 'What sentence, discount for guilty plea, non-parole period and parole period should be imposed.']

Ratio Decidendi

White's active participation in detaining the complainant in company, tying her up, pushing her, making or reinforcing threats of extreme violence, and participating in conduct that terrified her in an isolated warehouse late at night made the offence so objectively serious that only full-time custody could meet the purposes of sentencing, notwithstanding his prior good character, remorse, early guilty plea, family and work circumstances, and low risk of reoffending. A finding of special circumstances mitigated the non-parole period, but the sentence still had to reflect the gravity of the offence, deterrence, denunciation, retribution and vindication of the victim's dignity.

Court Disposition

White was convicted and sentenced to imprisonment for 2 years 3 months with a non-parole period of 1 year 2 months.

Orders

  • ['You are convicted.' 'The sentence reflects a reduction of 25% for its utilitarian value.' 'The original term of the sentence was 3 years.' 'The sentence reflects a finding of special circumstances.' 'Three days pre-sentence custody is taken into account.' 'A non-parole period of 1 year 2 months commences 29 May...