R v Hand [2019] NSWDC 917

District Court New South Wales

Medium Neutral Citation: R v Hand [2019] NSWDC 917 Hearing dates: 23 August 2019 Decision date: 30 August 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Indicative sentences: 005 + Form 1 matter [SEQ 003]: Total sentence of imprisonment for 3 years 6 months with a NPP 2 years 6 months 004: Imprisonment for 18 months Aggregate sentence: Sentenced to a total term of imprisonment for 4 years with a NPP of 3 years to commence on 10/9/18 and to expire on 9/9/21, and a balance of term of 1 year to commence on 10/9/21 and to expire on 9/9/22. Catchwords: CRIME – Sentence - aggravated break and enter and commit serious indictable offence, reckless wounding in circumstances of aggravation, knowing there were persons present within the dwelling house - assault occasioning actual bodily harm – seriousness of offence – subjective matters Legislation Cited: Crimes Act 1900 Category: Sentence Parties: Regina Hand, John Representation: Counsel: Defence: Ms C Mendes

Solicitors: Crown: Mr A Dixon File Number(s): 2018/00271292

Judgment 1. John Hand appears for sentence in respect of an offence of aggravated break and enter and commit serious indictable offence, to wit, reckless wounding in circumstances of aggravation, being that he knew there were persons present within the dwelling house. That is an offence contrary to s 112(2) of the Crimes Act 1900; the maximum penalty provided is imprisonment for 20 years, and there is a relevant standard non parole period of five years. 2. In addition, when being sentenced in respect of that matter, he asks the Court to take into account a further offence of assault occasioning actual bodily harm, contrary to s 59(1) of the Crimes Act, which when dealt with separately has a maximum term of imprisonment of five years. There is a further offence contained on a s 166 certificate of demanding property with menaces contrary to s 99(1) of the Crimes Act, which when dealt with at the District Court level has a maximum term of imprisonment of ten years, however, when dealt with at the Local Court, that limit is two years. 3. The offender was committed for sentence on 2 April 2019 from the Albury Local Court, and I accept that in the circumstances of the early plea he is entitled to a discount for the utility of the plea alone, in the order of 25%. The offender was arrested on 10 September 2018 and has been in custody solely in relation to these offences since that date until today. 4. The facts are agreed and are as follows: 5. The victims are Graham Pearce, and the offender's mother, Michelle Dayer. Pearce and Dayer at the time were in an intimate domestic relationship. 6. Pearce lived in Alexandra Street, East Albury, and Dayer stayed with him from time to time.