R v Wiles; R v George [2020] NSWDC 689

R v Wiles; R v George [2020] NSWDC 689

Given the mid-range seriousness of the offences, the offenders' roles in a joint criminal enterprise involving the use and firing of a firearm, relevant aggravating and mitigating factors (including guilty pleas, background, and rehabilitation prospects), and parity with a co-offender, aggregate sentences of full-time imprisonment are appropriate for both Wiles and George, with non-parole periods reflecting special circumstances.

Parties
Crown: Regina; Offender: Braddly Wiles; Offender: Jackson George
Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentences of imprisonment imposed for both Braddly Wiles and Jackson George for two principal offences each.
Legal Topics
Use an Offensive Weapon With Intent to Commit Indictable Offence, Robbery Armed With Dangerous Weapon, Fire Firearm in Manner Likely to Injure, Assault With Intent to Rob Armed With Dangerous Weapon
Criminal Law Use an Offensive Weapon With Intent to Commit Indictable Offence Robbery Armed With Dangerous Weapon Fire Firearm in Manner Likely to Injure Assault With Intent to Rob Armed With Dangerous Weapon

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Parties

Regina

Crown

Braddly Wiles

Offender

Jackson George

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for use of offensive weapon with intent to commit indictable offence in company
  2. 2 Robbery armed with a dangerous weapon
  3. 3 Firing firearm in a manner likely to injure

Ratio Decidendi

Given the mid-range seriousness of the offences, the offenders' roles in a joint criminal enterprise involving the use and firing of a firearm, relevant aggravating and mitigating factors (including guilty pleas, background, and rehabilitation prospects), and parity with a co-offender, aggregate sentences of full-time imprisonment are appropriate for both Wiles and George, with non-parole periods reflecting special circumstances.

Court Disposition

Aggregate sentences of imprisonment imposed for both Braddly Wiles and Jackson George for two principal offences each.

Orders

  • Braddly Wiles: aggregate term of imprisonment of 8 years, non-parole period of 4 years 9 months from 29 January 2019 to 28 October 2023, balance of 3 years 3 months from 29 October 2023 to 28 January 2027.
  • Jackson George: aggregate term of imprisonment of 7 years 6 months, non-parole period of 4 years 6 months from 29 January 2019 to 28 July 2023, balance of 3 years from 29 July 2023 to 28 July 2026.