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District Court 23 June 2020

R v Lachlan Houison

[2020] NSWDC 325

Assault & violenceFraud & dishonestyTheft & property
CRIME SENTENCING S11 BAIL SUCCESSFUL REHABILITATION YOUNG OFFENDER REMORSE

Citation: R v Lachlan Houison [2020] NSWDC 325
Court: District Court of New South Wales
Date: 23 June 2020
Judge(s): Wilson SC DCJ

Background

The offender was a young man, aged 20 at the time of the offence and 22 at sentencing, who pleaded guilty to robbery with an offensive weapon under s 97(1) of the Crimes Act 1900 (NSW). In the early hours of 6 September 2018, he struck a pedestrian on the back of the head with a metal object and demanded money, taking $20 before fleeing. The complainant sustained a visible mark on the back of his head.

Two further Form 1 matters were also before the court. The first arose from an attempt to use a forged prescription for the prohibited drug Oxazepam at a Caringbah pharmacy. The second involved possession of a stolen bank card and using it to obtain property by deception, with total fraudulent transactions under $100.

Sentencing proceedings were adjourned on three separate occasions before a final hearing on 23 June 2020. The adjournments were granted to allow the offender to participate in residential rehabilitation programs at the Dooralong Transformation Centre and the Salvation Army, addressing a significant and longstanding alcohol and drug addiction.

  • Whether the nature and circumstances of the principal offence (armed robbery) warranted full-time custody, given its maximum penalty of 20 years imprisonment
  • What weight should be given to the offender's successful rehabilitation, remorse, youth, and reduced risk of reoffending when determining the appropriate sentence
  • Whether an Intensive Corrections Order (ICO), rather than full-time custody, was the appropriate method for serving the sentence
  • How the Form 1 matters should be reflected in the overall sentence

Decision

Wilson SC DCJ acknowledged that armed robbery is a serious offence that commonly results in full-time custody. The maximum penalty of 20 years imprisonment was treated as a guidepost indicating the community's view of the offence's gravity. The offender's prior Children's Court convictions, while not treated as a statutory aggravating factor, were sufficient to disentitle him from any leniency otherwise available on the basis of good character.

The court gave significant weight to the offender's genuine and demonstrated rehabilitation. A psychologist's report and a Sentencing Assessment Report both recorded that the offender had gained meaningful insight into the harm caused to the complainant, accepted responsibility, and was assessed as posing a medium to low risk of reoffending. His participation in multiple residential rehabilitation programs over the period of adjournment was described as successful.

The court applied the sentencing objectives in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW). A 25% discount was applied to reflect the utilitarian value of the early guilty plea. The Form 1 matters were taken into account by giving greater weight to personal deterrence and the community's entitlement to retribution, consistent with the approach in Re Attorney General's Application (No 1 of 2002).

Having weighed all factors, his Honour concluded that an ICO was more likely than full-time custody to address the offender's risk of reoffending. The sentence imposed was two years' imprisonment, to be served in the community by way of an ICO with conditions including community service work, mandatory rehabilitation, and abstention from alcohol and drugs.

Orders Made

  • The offender was convicted of robbery with an offensive weapon contrary to s 97(1) of the Crimes Act 1900 (NSW)
  • A sentence of two years' imprisonment was imposed, to be served by way of an Intensive Corrections Order (ICO) commencing 23 June 2020
  • Standard ICO conditions applied: no further offences during the term; supervision by a Community Corrections Officer
  • Additional conditions imposed:
  • 150 hours of community service work during the term of the ICO
  • Participation in a rehabilitation program as directed by the Community Corrections Officer, in liaison with the Salvation Army, and with consideration given to therapeutic recommendations in the psychologist's report
  • Abstention from alcohol and drugs for the duration of the ICO
  • The offender was directed to attend the Sutherland Office of Community Corrections by 2:00pm on 25 June 2020 and to provide copies of the psychologist's report and all Salvation Army rehabilitation reports to that office
  • Non-compliance with ICO conditions would be referred to the State Parole Authority, with potential imposition of a period of full-time custody

Key Takeaways

  • The District Court confirmed that armed robbery under s 97(1) of the Crimes Act 1900 (NSW) ordinarily attracts full-time custody, but that an ICO remains available where the circumstances, including rehabilitation and reduced reoffending risk, justify it.
  • Demonstrated success in residential rehabilitation over an extended pre-sentence period was a central factor in the court's exercise of its sentencing discretion, supporting a community-based order over incarceration.
  • A significant period of adjournment, granted under s 11 bail to facilitate rehabilitation, was treated as consistent with the sentencing process rather than as a procedural irregularity, reflecting the court's recognition of rehabilitation as a legitimate sentencing objective under s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW).
  • Form 1 matters do not give rise to separate sentences but are taken into account by increasing the weight given to personal deterrence and retribution in the principal sentence, consistent with Re Attorney General's Application (No 1 of 2002).
  • Prior Children's Court convictions for dishonesty, while not necessarily treated as an aggravating factor, can be sufficient to foreclose any good character discount at sentencing.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 97(1), 192E(1)(a), 527C(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)(o), 32, 73
- Drug Misuse and Trafficking Act 1985 (NSW), ss 15, 16

Cases
- Re Attorney General's Application (No 1 of 2002) (NSW) (2002) 56 NSWLR 146
- R v Henry (1999) 46 NSWLR 346
- R v McNaughton [2006] NSWCCA 242
- R v Mobbs [2005] NSWCCA 371
- Cummins v R [2019] NSWCCA 163
- Liao v R [2007] NSWCCA 132