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District Court 14 June 2007

R v Christopher Mark Norrie

[2007] NSWDC 155

DrugsTheft & propertyDomestic & family violence
CRIMINAL LAW SEVERITY APPEAL FROM LOCAL COURT SENTENCED TO IMPRISONMENT IMMATURITY DRUG DEPENDENCY TIME DRUGH REHABILITATION PROGRAM.

Citation: R v Christopher Mark Norrie [2007] NSWDC 155
Court: District Court of New South Wales
Date: 14 June 2007
Judge(s): Nicholson SC DCJ

Background

The appellant was convicted of breaking and entering and stealing property, specifically a packet of cigarettes, from a residential address in Taree on 23 November 2006. The offence occurred in the context of a volatile domestic situation involving the appellant's on-and-off de facto partner, who was residing at the home. The appellant had forced entry through the front door by kicking it open, confronted the occupants, took the cigarettes, and physically handled the complainant before being arrested.

The Taree Local Court sentenced the appellant to 18 months imprisonment with a nine-month non-parole period commencing 23 November 2006. The appellant appealed to the District Court on the ground that the sentence was manifestly excessive, bringing what is known as a severity appeal.

By the time of the District Court hearing, the appellant had been assessed as suitable for a structured ten-month residential rehabilitation program run by the Salvation Army Lake Macquarie Recovery Services, known as the Bridge program.

  • Whether the sentence of 18 months imprisonment with a nine-month non-parole period imposed by the Local Court was manifestly excessive in all the circumstances
  • Whether the appellant's immaturity and drug dependency warranted a different sentencing approach on appeal
  • Whether bail under section 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW) could be granted conditional upon participation in a full-time residential rehabilitation program

Decision

Nicholson SC DCJ characterised the appellant's conduct as reflecting profound immaturity, describing the behaviour as that of an adult acting with the impulsiveness of a young child, compounded by drug dependency. The offending, while involving a low-value item, was aggravated by the forced entry and the physical nature of the confrontation with the complainant in a domestic setting.

The judge identified clear rehabilitation needs across several areas: anger management, relationship counselling, and drug treatment. The reference to "a stick" during the incident indicated cannabis dependency, and the court treated this as a significant factor bearing on the appellant's prospects of rehabilitation.

Rather than simply resentencing, the court took an approach designed to give the appellant a structured opportunity to demonstrate genuine rehabilitation before final determination of the appeal. The court indicated that if the appellant completed the program satisfactorily, it would consider not returning him to custody, with the possibility of suspending the balance of the sentence. Failure to comply, however, would leave the original custodial outcome open.

Orders Made

  • Bail granted pursuant to section 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW) for a period of 12 months
  • Bail not to be entered before Monday 18 June 2007
  • Appellant to travel directly from Mid North Coast Correctional Centre (Kempsey) to the Salvation Army Lake Macquarie Recovery Services
  • Appellant to reside at the Salvation Army Lake Macquarie Recovery Services Centre for the duration of bail and obey all reasonable directions of the Director or delegate
  • Appellant to comply with all drug testing demands; a failed or refused test constitutes a breach of bail conditions
  • Appellant to accept supervision of Probation and Parole and comply with all reasonable directions
  • Progress report to the District Court at Newcastle on 26 October 2007
  • Further progress report on 15 February 2008
  • Matter listed for finalisation on 13 June 2008

Key Takeaways

  • On a severity appeal, the District Court has the flexibility to adjourn proceedings and grant conditional bail under section 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW) where genuine rehabilitation prospects exist, rather than simply substituting a new sentence immediately.
  • Immaturity and drug dependency, while not excusing serious offending, are factors the sentencing court may treat as relevant to rehabilitation prospects and to the appropriate sentencing pathway on appeal.
  • The District Court signalled that successful completion of a structured residential rehabilitation program could result in the balance of a custodial sentence being suspended, reflecting a therapeutic sentencing approach in appropriate circumstances.
  • Breach of rehabilitation-based bail conditions, including a dirty or refused drug test, was treated as a direct breach of the court's orders, preserving the custodial outcome as a consequence of non-compliance.
  • Even where the underlying offence involves a low-value item, the circumstances of forced entry and physical conduct in a domestic setting remain significant sentencing considerations.

Legislation and Cases Referenced

Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), section 11 (bail pending appeal or determination)

Cases cited:
No cases were cited in the judgment text provided.