13In the case of each Offender, an Agreed Statement of Facts was tendered by the Crown. These statements were detailed, with identical core features, and with differences reflecting the roles of the Offenders in the various crimes.
14In addition, Ramos gave evidence at his sentencing hearing. His evidence bore upon, amongst other things, his involvement in the offences for which he is to be sentenced.
15What follows constitutes findings of fact drawn largely from the Agreed Statements of Facts. Aspects of Ramos' evidence will be considered later in these remarks.
16As will be seen, a large number of persons are referred to in this factual recital. A number of these persons have already pleaded guilty and been sentenced in the District Court for their involvement in the offences, being persons who were not charged with murder, Richard Vergara ("Vergara"), John Bautista ("Bautista") and CB. In addition, a number of persons (John Khoury ("Khoury"), Mohammed Karimi ("Karimi") and Mahdi Mir ("Mir") are to stand trial in this Court for murder and other matters in 2013.
17Two other persons, Anaterea Tamapua ("Tamapua") and Tomasi Natuba ("Natuba"), have also pleaded guilty and are to be sentenced by me on 13 December 2012. These persons are to give evidence for the Crown at the trial fixed to proceed in 2013.
18Another person, Ray Tuki ("Tuki") was, on 23 November 2012, found unfit to be tried for the offences with which he is charged: R v Tuki [2012] NSWSC 1436.
Background to Offences
19In May 2010, Vergara was associating with Tamapua. Vergara was friends with Ramos, MA, CB and Bautista. MA had attended the same high school as Ramos, but was in a year below him. Over time, these friends of Vergara also met Tamapua and started associating with him.
20In due course, Tamapua came into contact with Khoury, Tuki and Karimi who (according to Tamapua) had been standing over Tamapua's marijuana supplier.
21Khoury was impressed with Tamapua's attitude and invited Tamapua, Vergara and Shane Kraak ("Kraak") to his home, where they told Khoury that they carried out home invasions and armed robberies. Khoury then invited Tamapua to join his group, called the "United Brotherhood". Tamapua accepted.
22Tuki and Karimi were Khoury's left and right-hand men, whilst Tamapua was also on the same level as Tuki and Karimi.
23A couple of days later Khoury began telling Tamapua, Vergara and Kraak about his plan to shut down all the drug dealers within the Liverpool, Warwick Farm and Villawood areas by committing home invasions to take their drugs.
24In late June 2010, Khoury and Tuki resided at an address in Villawood referred to as "the compound". Khoury's girlfriend, Aimee Walsh ("Walsh"), also lived at the compound with Khoury.
25On Tuesday, 29 June 2010, a number of people were in telephone contact with each other leading to a meeting at the compound. Ramos had access to his father's Toyota Tarago van, which came to be used in the offences. Vergara contacted Ramos concerning the use of the Tarago.
26At the meeting at the compound on the evening of 29 June 2010, those gathered discussed offences to be committed that night. Those present at the meeting were:
(a) Khoury (29 years' old);
(b) Karimi (22 years' old);
(c) Bautista (21 years' old);
(d) Tuki (20 years' old);
(e) Vergara (19 years' old);
(f) Ramos (18 years' old);
(g) Walsh (18 years' old);
(h) MA (17 years, eight months' old);
(i) CB (17 years, five months' old).
27Khoury gave the group instructions to commit a home invasion on the premises of Khoury's ex-girlfriend's uncle at Lakemba. Khoury wanted the group to steal firearms from a safe in the house that included a Desert Eagle .357 pistol, two Beretta pistols and a Glock pistol. Khoury told the group that they would be paid from the proceeds obtained from the guns.
28Khoury emphasised his particular desire that the Desert Eagle pistol be obtained. It was planned that four males would go inside the house, whilst Karimi and Tamapua stayed in the car in case something went wrong.
29Khoury gave the group weapons, including a large serrated machete and a sawn-off .22 calibre rifle, which were otherwise kept at the compound.
Conspiracy to Commit Robbery Whilst Armed with a Dangerous Weapon on 29 June 2010 (Form 1 Offences for MA and Ramos)
30Khoury and Walsh drove to the Lakemba address in a vehicle with Tamapua, whilst MA, CB, Karimi, Vergara and Bautista were driven by Ramos in the Tarago van. Khoury pointed out the address and then departed.
31Karimi loaded the .22 sawn-off rifle and then gave it to Vergara. Vergara checked out the property and returned to the vehicle, with MA, CB and Bautista following Vergara into the house. Karimi, Tamapua and Ramos remained in the Tarago van. One of the men accompanying Vergara was armed with a large machete, whilst another had a bag to collect the intended proceeds.
32Soon after, the group returned empty handed to the Tarago van. Vergara told Karimi that they had not done the job because there were three boys and two girls in the house, and they thought they were outnumbered. Karimi became upset because Khoury had given directions that he wanted the Desert Eagle pistol from the house. Karimi instructed them to return to the house and complete the job.
33The group of young men then returned to the house. Once again, they returned empty handed to the vehicle a couple of minutes later. Vergara said that the people had now left the house so they could not carry out a home invasion. Karimi became extremely angry, and took the rifle from Vergara and told them to return to the compound saying, words to the effect, "We are going to get shot when we get back to the compound".
The Ashcroft Offence - Specially Aggravated Break, Enter and Steal Offence on 29 June 2010 Involving Serious Injury to James Stiff (Offences of MA and Ramos)
34After the failed home invasion on the evening of 29 June 2010, the group returned to the compound where Khoury was informed as to what had happened. On hearing this account, Khoury told the group that they would do a job at Ashcroft.
35Khoury directed Tamapua that MA, CB, Vergara and Bautista were to go with Tamapua to do the Ashcroft job. Vergara was given a large machete for that purpose. The plan was that four males would enter the Ashcroft address, which was believed to be occupied by a known drug supplier, with Tamapua and Karimi remaining outside. The purpose of this raid was to steal drugs and money at the house, and return them to Khoury.
36Tamapua, MA, Vergara, Karimi, CB and Bautista travelled in the Tarago van, which was driven by Ramos to Ashcroft. Ramos drove past the nominated address in Ashcroft and Tamapua pointed out the house. According to Tamapua, it had been intended that the job be done the previous night, "but the bloke wasn't home".
37MA, Vergara, CB and Bautista got out of the Tarago van and walked towards the Ashcroft house. Vergara was armed with a large machete. CB carried a bag to collect the stolen property. Tamapua, Karimi and Ramos remained in the Tarago van. Karimi had the shortened .22 rifle with him although it remained with him in the Tarago van.
38James Stiff (39 years' old) lived at the Ashcroft property with his wife and three teenage children. At about 10.40 pm, one of the Offenders knocked on the front door of the property. All members of the Stiff family were asleep at that time. Mr Stiff walked to the front door and asked "Who is it?". He heard a voice say "It's Damo" and he thought it was a person that he knew. After opening the front door, Mr Stiff observed Bautista holding the screen door open with his back. At this point, Vergara stepped up to the front door and swung the machete at Mr Stiff, who put his left arm up to protect himself. The machete hit his forearm causing a deep cut down to the bone. The wound bled profusely.
39MA, Vergara and Bautista forced their way through the front door heading to the lounge room. MA was wearing a "hoodie" pulled over his head. MA moved towards Mr Stiff and pointed at him, what appeared to be a rifle covered with a red cloth. MA said "Don't move or I'll blow your fucking head off".
40Mr Stiff retreated to a corner of the lounge room, still in the presence of MA. Mr Stiff was going into shock as he saw a large flap of skin and muscle hanging off his arm and the bone below.
41Bautista and Vergara walked to the hallway adjoining the lounge room. Mr Stiff's 17-year old daughter awoke at this point and went to the bathroom. As she walked into the hallway, she saw two men, Bautista and Vergara. Vergara was holding a machete, and wore black gloves and a black-hooded jumper with the hood pulled over his head. He held the machete out in front of him and was waving it in a threatening manner.
42Mr Stiff's 18-year old son heard a male voice say "Get back in your room". He could hear his sister commencing to cry, so he opened his bedroom door. He observed a male (Bautista) who demanded "Where's all the money?". At the same time, he observed Vergara with a machete.
43The 17-year old daughter returned to her bedroom and closed the door. At this point, her mother, who had fallen asleep in her daughter's bedroom, woke up and tried to go out of the bedroom. Another 12-year old daughter remained asleep in the same bedroom. The 17-year old daughter stopped her mother from leaving the room.
44Vergara asked the 18-year old son for money and also enquired "Where's the stuff?", whilst holding the machete upright at head height. The son felt threatened by the machete and went to his father's bedroom and obtained a clear plastic lunchbox containing two or three bags of cannabis (about seven grams) which he gave to Vergara.
45Vergara then ran down the hallway with the drugs, hitting the hallway wall with the machete.
46The 18-year old son observed MA pointing what he believed to be a firearm at his father's head. MA picked up the 17-year old daughter's school laptop computer and, at this point, all the Offenders decamped through the front door.
47Family members then attended to Mr Stiff. He was bleeding heavily and was taken by his son to Liverpool Hospital. I will recount the injuries sustained by Mr Stiff later in these remarks. It is sufficient to observe at this point that he suffered very severe injuries.
48After fleeing the Ashcroft address, MA, Vergara, CB and Bautista ran back to the Tarago van, where Ramos, Tamapua and Karimi were waiting. As they drove back to the compound, Vergara smiled and laughed when he told the others in the Tarago van how he "chopped" the male victim in the arm.
49Karimi grabbed the proceeds of the offence (the container of cannabis and the laptop computer) and placed them into one bag. Karimi said "Is this all?".
50Whilst Mr Stiff was at Liverpool Hospital with his son after 10.47 pm, Tuki was observed on CCTV in the waiting area of the hospital. Tuki used his mobile phone to contact Khoury.
51When the group returned to the compound, Karimi patted the others down to make sure that they were not hiding any proceeds of the offence. Karimi gave the stolen items to Khoury, who counted the cannabis sticks in the container and handed them out to the group over a number of days.
52In response to an enquiry from Khoury as to what had happened at the Ashcroft address, Vergara boasted in detail about how he chopped the victim, and how he had bounced the machete off the walls as he was slicing. Khoury told the group that Tuki had seen the victim at hospital.
Meetings, Events and Planning on 30 June 2010 and 1 July 2010 for Further Home Invasions
53At about 6.00 pm on 30 June 2010, Ramos and MA picked up Tamapua and travelled eventually to Khoury's shop at 182 Waldron Road, Chester Hill. Later that evening, an altercation occurred leading to police being called to Chester Hill in response to a brawl. Police attended Khoury's shop and detained a number of people, including Khoury, Karimi, Walsh, MA and Ramos. Some time after, police released this group and they returned to the compound.
54During the afternoon of 1 July 2010, as a result of a conversation with Tamapua, Byquar made some telephone calls in an attempt to recruit other young men to engage in these activities. Khoury asked Byquar to recruit other young men, indicating that Byquar had "a test tonight".
55Byquar sent a SMS message in the early evening of 1 July 2010 to his cousin, Natuba. By a process of SMS message and telephone calls, Byquar told Natuba to come to Chester Hill to do some "jobs" to make money.
56As a result of these calls, at about 8.25 pm on 1 July 2010, Natuba joined Byquar and others at the Chester Hill Hotel. Tamapua told Natuba that the group committed home invasions on drug dealers, and asked if he knew anyone interested in joining them.
57Soon after 9.30 pm, Vergara contacted Ramos, requesting that they meet at Chester Hill. The group met back at Khoury's shop where Tamapua introduced Natuba to Khoury. In the course of discussion about events planned for that night, Khoury produced a large Elephant-brand meat cleaver. The group discussed the use of meat cleavers in the events being planned.
58A plan was hatched to invade the home of a drug dealer known as "Beanie Boy" at Warwick Farm. Tamapua had some knowledge of the activities of "Beanie Boy" and Khoury instructed Tamapua to "shut him down" as part of Khoury's plan to shut down businesses in Liverpool and Warwick Farm so that he could carry on in their place.
59During this discussion, plans were also made for what was described as the "Jacob job". This involved a plan to raid the home of Jacob Burgess, the brother of Kesley Burgess. Karimi was placed in charge of the "Jacob job".
60It was decided that the next job would be the raid on "Beanie Boy". Tamapua and Khoury decided that the job would be done by MA, Byquar, Natuba and Mir with Ramos as the driver. Tamapua and Karimi were to accompany the group to oversee the job and point out relevant addresses.
61Khoury obtained four Elephant-brand meat cleavers and handed them out to members of the group. Each of MA, Byquar, Natuba and Mir were handed a meat cleaver. Khoury instructed the group that the meat cleavers were for doing the jobs that night. In addition, each of these four men was given a pair of white gardening-type gloves with green dots for grip.
62Soon after 10.20 pm, MA, Byquar, Natuba, Mir, Tamapua and Karimi entered the Tarago vehicle driven by Ramos which headed in the direction of Warwick Farm. Ramos parked the vehicle at a location indicated by Tamapua. Tamapua then sent Byquar, Natuba, MA and Mir to what was thought to be "Beanie Boy's" address to scare him and take his "stuff". Tamapua, Karimi and Ramos remained in the Tarago.
The Warwick Farm Offence - Armed Robbery of Maxine Rogers on 1 July 2010 (Offences of MA, Byquar and Ramos)
63At about 10.45 pm, Byquar, Natuba, MA and Mir approached premises at Hume Highway, Warwick Farm each armed with a meat cleaver and wearing gloves. Byquar went to the front door and knocked.
64Maxine Rogers (41 years' old) was present in her unit with her daughters aged nine and 10 years. She looked out the window and saw a boy wearing a hooded jacket, whom she thought mistakenly was her son. She opened the front door. The four men then rushed inside, pushing Ms Rogers and causing her to scream. Natuba held his meat cleaver up to Ms Roger's face and told her to "shut up". Ms Rogers picked up her mobile phone and Natuba took it from her. He held his meat cleaver to her face and asked "Where are the drugs?". Ms Rogers replied "We don't have any drugs, it's just me and my girls. Don't hurt us, we don't have any drugs".
65Byquar, MA and Mir unsuccessfully searched the unit for money and drugs whilst Natuba kept asking Ms Rogers "Where's the drugs?", with Ms Rogers responding in the negative. Ms Rogers' daughters sat close to their mother, witnessing events.
66Natuba retained Ms Rogers' mobile phone and one of the other men grabbed a laptop computer belonging to Ms Rogers' son, before the men ran out of the unit.
67The group ran back to the Tarago vehicle and told Tamapua what had happened. He realised that they had entered the wrong unit.
The Murder of Kesley Burgess and the Form 1 Offence of Armed Robbery of Tracey Burgess on 1 July 2010 (Offences of MA, Byquar and Ramos)