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District Court 12 June 2020

R v Taylor

[2020] NSWDC 430

Assault & violencePublic order & justice offences
CRIME KIDNAPPING TAKE AND DETAIN ACTUAL BODILY HARM MULTIPLE OFFENDERS. SENTENCE RELEVANT FACTORS ON SENTENCE

Citation: R v Taylor [2020] NSWDC 430
Court: District Court of New South Wales
Date: 12 June 2020
Judge(s): Haesler SC DCJ

Background

The offender, Maddison Taylor, pleaded guilty to kidnapping under s 86(3) of the Crimes Act 1900 (NSW), an offence carrying a maximum penalty of 25 years imprisonment. The offending occurred on the evening of 26 April 2018 in the Wollongong area and involved four participants, including Taylor, two co-offenders (Chambers and Earnshaw, sentenced separately), and a fourth woman whose trial remained pending at the time of this sentence.

The victim, Mr Fitzpatrick, was lured to a pickup location using Taylor's Facebook profile. Once in the car, he was driven a short distance to where Chambers and Earnshaw were waiting. Chambers punched the victim, placed him in a chokehold, and both men bundled him into the boot of the car. A weapon resembling a machete was later pushed through the rear parcel shelf into the boot, cutting the victim's fingers as he tried to defend himself. The victim eventually climbed into the rear seat, where Taylor and the other woman punched him while encouraged by Chambers. The victim escaped by jumping from the moving vehicle, sustaining lacerations, bruising, and grazes.

Taylor had been on strict bail with curfew conditions for almost two years prior to sentencing and had no prior record for serious offences. Expert psychiatric and psychological evidence was tendered on her behalf, and she had provided assistance to authorities.

  • What was the objective seriousness of the kidnapping, including the degree of planning and Taylor's individual role compared to her co-offenders?
  • How did parity principles apply, given that co-offenders Chambers and Earnshaw had already been sentenced?
  • What weight should be given to the utilitarian value of the guilty plea and to assistance provided to authorities?
  • Whether special circumstances existed to vary the standard non-parole period ratio, given Taylor's mental health history, prospects for rehabilitation, and the impact of custody on her.
  • What discounts applied under s 25D of the Crimes (Sentencing Procedure) Act 1999 for past and future assistance?

Decision

Objective seriousness and Taylor's role. His Honour found that the offending, while not well thought out, involved a degree of planning. Taylor's role was characterised as secondary but not passive. She allowed her Facebook profile to be used to lure the victim, stopped the car at the prearranged location knowing Chambers and Earnshaw were waiting, and directly participated in the assault inside the car. His Honour rejected assertions to Taylor's treating clinicians that she had been a passive participant. The detention lasted approximately half an hour and involved the use of a weapon; the victim suffered actual bodily harm and escaped further harm only by jumping from the moving car.

Parity. Earnshaw had been sentenced to 2 years and 11 months, and Chambers had received 3 years and 9 months for the kidnapping. His Honour assessed a pre-discount sentence of 3 years and 6 months for Taylor, reflecting her more central role than Earnshaw but less culpability than Chambers.

Subjective factors and special circumstances. His Honour accepted professional opinions about Taylor's history of mental disorders and domestic violence, noting these were relevant to her subjective circumstances. Her good progress on remand and genuine remorse were also accepted. His Honour found special circumstances under the Crimes (Sentencing Procedure) Act 1999, warranting a longer than usual parole period to support rehabilitation, while acknowledging that custody would be harder for Taylor than a notional average offender and would present a setback to her rehabilitation.

Discounts. A 25% reduction was applied for the utilitarian value of the guilty plea (consistent with Green v The Queen). A further 4% reduction was applied for past assistance and 5% for future assistance. The total discount was 34%, reducing the sentence from 3 years and 6 months to 2 years and 3 months.

Orders Made

  • Taylor was convicted of kidnapping contrary to s 86(3) of the Crimes Act 1900.
  • A pre-discount sentence of 3 years and 6 months was assessed; a total discount of 34% was applied.
  • Total sentence of 2 years and 3 months imposed.
  • Non-parole period of 1 year and 1 month, commencing 12 June 2020, with release to parole on 11 July 2021.
  • Balance of sentence of 1 year and 2 months, expiring 11 September 2022.
  • A copy of Dr Furst's psychiatric report (Exhibit 1) was ordered to accompany the warrant.

Key Takeaways

  • A co-offender who lures a victim, facilitates the initial detention, and directly participates in the subsequent assault is not a passive participant, even where another offender is the principal aggressor and the most culpable party overall.
  • Parity principles required the District Court to calibrate Taylor's sentence against those already imposed on Chambers and Earnshaw, with differences in role justifying differences in outcome rather than identical sentences.
  • Under the sentencing framework applied, discounts for guilty pleas and assistance to authorities are cumulative: here, a 25% utilitarian plea discount was applied alongside separate reductions of 4% (past assistance) and 5% (future assistance), producing a total discount of 34%.
  • Special circumstances can be found where a combination of mental health history, domestic violence background, rehabilitation progress, and the particular harshness of custody for the individual offender warrants a longer parole period, even where full-time custody is unavoidable.
  • His Honour confirmed that absolute arithmetical precision in calculating sentence discounts is not required, and that rounding in the offender's favour is permissible, citing Markarian v The Queen.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), s 86(3) (kidnapping with actual bodily harm, maximum 25 years)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 25D (assistance to authorities)

Cases
- Afu v R [2017] NSWCCA 246
- Green v The Queen [2001] HCA 49; (2011) 244 CLR 462
- Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
- Munda v Western Australia [2013] HCA 38; (2013) 249 CLR 600
- R v Herring (1956) 73 WN (NSW) 203
- R v Mark Chambers; R v Raynor Earnshaw [2019] NSWDC 848
- R v Qutami [2001] NSWCCA 353
- R v Windle [2012] NSWCCA 222
- Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267