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District Court 22 August 2025

R v Broadstock-Maloney

[2025] NSWDC 331

Assault & violenceTheft & propertyPublic order & justice offences

Citation: R v Broadstock-Maloney [2025] NSWDC 331
Court: District Court of NSW
Date: 22 August 2025
Judge: Newlinds SC DCJ

Background

The offender, a 19-year-old male, was sentenced for robbery in company and assault occasioning actual bodily harm in company, with a further offence of stalking or intimidation taken into account on a Form 1. The offences were committed in August and September 2024 against a man who had been in a relationship with the offender's mother.

The offender entered the victim's home armed with a blade, demanding and taking approximately $800 (sequence 1). Two days later, he returned with others, kicked in the gate, and physically assaulted the victim, knocking him unconscious (sequence 5). In the days that followed, the offender sent threatening text messages demanding $7,500 (sequence 7, Form 1).

The offender entered guilty pleas in the Local Court in May 2025. He had spent approximately 84 days in custody following his arrest in September 2024 before being released on bail. Since that release, he had engaged in rehabilitation efforts, become drug-free, and secured the prospect of full-time employment.

  • What was the appropriate objective seriousness of each offence, having regard to the guideline in R v Henry for robbery in company?
  • What weight should be given to the offender's subjective circumstances, including his youth, deprived childhood, drug dependency, mental health, and post-arrest rehabilitation?
  • Whether the Bugmy principle applied, given the offender's significantly disadvantaged background.
  • What the appropriate head sentence was for each count, and how the principle of totality should apply.
  • Whether the sentence should be served by way of full-time custody or an Intensive Correction Order (ICO), having regard to community safety under s 66(1) of the Crimes (Sentencing Procedure) Act 1999.

Decision

Objective seriousness: Newlinds SC DCJ assessed the robbery in company offence as falling below the mid-range of objective seriousness. While it exhibited many of the common features identified in the Henry guideline (a young offender, a weapon resembling a knife, limited planning, a threat rather than actual violence, and a small amount taken), each of those features sat at the lower end of the relevant scale. The assault in company was treated as more serious, given it followed the robbery two days later, involved actual violence, and left the victim with significant injuries.

Motivation and subjective case: The court found that the offender's primary motivation was not straightforward robbery. Rather, his conduct was driven by a misguided belief that he was entitled to compensation or retribution for perceived mistreatment of his mother by the victim. This irrational reasoning was compounded by diagnosed anger management difficulties and heavy cocaine use at the time. His subjective case was described as "powerful," supported by a detailed psychologist's report, character references, and evidence of genuine post-arrest rehabilitation.

Bugmy principle and youth: The court applied the principle from Bugmy v The Queen, recognising that the offender's severely deprived childhood had directly contributed to his drug addiction and criminal conduct. The fact that this background diminished moral culpability was not to be discounted simply because of the offender's criminal history. His youth and the associated prospects of rehabilitation were also given significant weight.

Totality and ICO: After applying a 25% discount for the early guilty plea and taking into account the 84 days already served, the court arrived at an aggregate head sentence of 3 years. The court then considered whether an ICO was appropriate. Applying s 66(1) of the Crimes (Sentencing Procedure) Act 1999, the court noted that community safety is paramount but that, in appropriate circumstances, community-based supervision can better protect the public than incarceration. Given the offender's demonstrated rehabilitation progress and the view that community supervision would better support his continued recovery from drug dependency and mental health issues, the court ordered immediate release on an ICO.

Orders Made

  • Aggregate term of 3 years imprisonment, commencing 30 May 2025 and expiring 29 May 2028 (reflecting a 25% guilty plea discount across both counts, with the Form 1 matter taken into account).
  • Immediate release on an Intensive Correction Order expiring 29 May 2028, on the following conditions:
  • Be of good behaviour.
  • Submit to supervision by a community corrections officer.
  • Not take any illicit drug.
  • Continue under the care of the treating practitioner (Ms Homeh Hawil), consulting her at least once a month and complying with any treatment recommended by her or any other medical practitioner consulted.

Key Takeaways

  • The District Court applied the Henry guideline to robbery in company but assessed the offending as below mid-range where each of the guideline's identifying features was present only at its lower end.
  • Under the Bugmy principle, a severely deprived childhood that contributes to drug addiction and offending continues to reduce moral culpability even where the offender has an existing criminal history; that mitigating weight is not extinguished by prior offending.
  • A 25% discount for an early guilty plea was applied uniformly across both counts, consistent with the Crown's concession and the timing of the pleas in the Local Court.
  • Community safety under s 66(1) of the Crimes (Sentencing Procedure) Act 1999 does not operate exclusively in favour of full-time custody; the court found that an ICO could better serve community safety by supporting the offender's ongoing rehabilitation and reducing the prospect of reoffending.
  • Genuine post-arrest rehabilitation, including becoming drug-free and engaging with psychological treatment, carried significant weight in the sentencing exercise, particularly for a youthful offender with demonstrated prospects of turning his life around.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 59(2), 97(1)
- Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(3), 66(1)

Cases
- Bugmy v The Queen [2013] HCA 37
- R v Henry (1999) 46 NSWLR 346
- Muldrock v The Queen (2011) 244 CLR 120
- Pearce v The Queen (1998) 72 ALJR 1416
- Foaialima v R [2020] NSWCCA 270
- Hanley v R [2018] NSWCCA 262
- KT v R [2008] NSWCCA 51
- Parente v R [2017] NSWCCA 284
- R v Blackman & Walters [2001] NSWCCA 12
- R v Gadsen [2005] NSWCCA 453
- R v Harmouche [2005] NSWCCA 398
- R v McNaughton [2006] 66 NSWLR 566
- R v Nair [2003] NSWCCA 368
- R v Parsons & Poore [2002] NSWCCA 296
- Smaragdis v R [2010] NSWCCA 276