R v Kelly [2020] NSWDC 349

District Court New South Wales

Medium Neutral Citation: R v Kelly [2020] NSWDC 349 Hearing dates: 9 April 2020 Decision date: 09 April 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found –to take into account the total time in custody as a result of being in custody from 3 May 2019. Form 1 matter taken into account on sentence imposed below. Sentenced to a term of imprisonment of 3 years comprising a NPP of 2 years commencing on 29 November 2019 and expiring on 28 November 2021, on which date he is to be released to parole and a balance of term of 1 year to commence on 29 November 2021 and to expire on 28 November 2022. Catchwords: CRIME – Sentence - enter land with intent to commit a serious indictable offence, having a previous conviction for a serious indictable offence - Form 1 matter - common assault – continuing contumelious disregard for the law – high risk of re-offending - institutionalisation – extra-curial punishment - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Fernando (2002) NSWCCA 28 R v Huynh (2003) NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Moffatt [1990] 20 NSWLR 114 R v Thomson; R v Houlton [2000] 49 NSWLR 383 Category: Sentence Parties: Regina Kelly, Peter Dezmond Representation: Solicitors: Crown: Mr A Wilczek Defence: Mr T Spohr; Mr D Gleeson File Number(s): 2019/00139568