R v Rees [2019] NSWDC 681

R v Rees [2019] NSWDC 681

The offender's offences required a significant custodial sentence because of their objective seriousness, including possession of an imitation firearm, gratuitous property damage, threats and assault against police, escape from custody, hospital damage, and a tomahawk attack causing serious wounds. His extensive violent criminal history, institutionalisation, risk to the community and need for deterrence increased the sentence, but his traumatic and deprived childhood, substance abuse, psychological difficulties, guilty plea discounts, totality, and need for supervised parole mitigated the result. An aggregate sentence of six years and four months with a non-parole period of four years...

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Sentence / Sentence After Trial, Acquittals on Some Counts, and Guilty Pleas on Other Matters
Outcome
The offender was convicted and sentenced to an aggregate sentence of six years and four months with a non-parole period of four years and four months.
Legal Topics
['firearms Offence' 'malicious Damage to Property' 'assault Police' 'intimidate Police' 'escape From Police Custody' 'wound With Intent to Cause Grievous Bodily Harm' 'form 1 Matters' 'totality' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['firearms Offence' 'malicious Damage to Property' 'assault Police' 'intimidate Police' 'escape From Police Custody' 'wound With Intent to Cause Grievous Bodily Harm' 'form 1 Matters' 'totality' 'special Circumstances' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Trial, Acquittals on Some Counts, and Guilty Pleas on Other Matters

Legal Issues

  1. 1 ['What sentences should be imposed for the offences arising from three incidents involving an imitation firearm, property damage, offences against police, escape from custody, and wounding with intent to cause grievous bodily harm.' 'How the jury acquittals and rejection of parts of the prosecution and defence versions affected factual findings for sentence.' 'How objective seriousness, including use of a tomahawk, offending while an escapee, and offences against police and hospital property, should be assessed.' "What weight should be given to the offender's deprived and violent childhood, institutionalisation, long custodial history, substance abuse, criminal history, guilty pleas, and prospects of rehabilitation." 'How concurrency, accumulation, totality and special circumstances should affect the aggregate sentence and non-parole period.']

Ratio Decidendi

The offender's offences required a significant custodial sentence because of their objective seriousness, including possession of an imitation firearm, gratuitous property damage, threats and assault against police, escape from custody, hospital damage, and a tomahawk attack causing serious wounds. His extensive violent criminal history, institutionalisation, risk to the community and need for deterrence increased the sentence, but his traumatic and deprived childhood, substance abuse, psychological difficulties, guilty plea discounts, totality, and need for supervised parole mitigated the result. An aggregate sentence of six years and four months with a non-parole period of four years...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of six years and four months with a non-parole period of four years and four months.

Orders

  • ['In respect of each of the counts and in accordance with the pleas and findings of the jury, Jason Lee Rees is convicted.' 'Indicative sentence for enter with firearm s93H(1): one year, nine months.' 'Indicative sentence for damage property: six months.' 'Indicative sentence for assault police: nine months.'...