R v Savage [2020] NSWDC 398

District Court New South Wales

Medium Neutral Citation: R v Savage [2020] NSWDC 398 Hearing dates: 7 April 2020 Date of orders: 7 April 2020 Decision date: 07 April 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See [77] Catchwords: CRIME — Violent offences — Detain for advantage CRIME — Property offences — Take and drive a conveyance Legislation Cited: Crimes Act 1900 (NSW), ss 86(3), 154A Crimes (Sentencing Procedure) Act (NSW), s 3A Cases Cited: R v Ponfield (1999) 48 NSWLR 327 TL v R [2017] NSWCCA 308 Category: Sentence Parties: Director of Public Prosecutions (Crown) Michael Grahame Savage (Offender) Representation: Solicitors: Ms C Hurford (Crown) Mr K Zoutendijk (Offender) File Number(s): 2019/00174881

SENTENCE 1. HIS HONOUR: The offender is to be sentenced having pleaded guilty to the following two offences; that on 29 May 2019, at South Windsor, while in the company of another person, he detained Allan Nibbs, without his consent and with the intention of committing a serious indictable offence, namely intimidation and at the time of the detaining actual bodily harm was occasioned to Allan Nibbs. 2. That is an offence under s 86(3) of the Crimes Act and there is a maximum penalty of 25 years imprisonment. There is no applicable standard non-parole period. 3. The second offence is that on the same date, at the same place as the detaining offence, he drove a conveyance, namely a Mitsubishi sedan with a specified registration number, knowing that it was taken without the consent of the owner, Allan Nibbs. 4. That is an offence under s 154A(1)(b) of the Crimes Act. It has a maximum penalty of five years imprisonment and there is no applicable standard non-parole period. 5. The offender acknowledges his guilt in relation to a robbery offence which is on a Form 1 and asks that I take that offence into account when I sentence him on the detaining offence. The robbery arose out of the same incident the subject of the detaining offence. 6. There is also before me a sentence appeal concerning the offender. The offender appeals a sentence of 23 months imprisonment with a non-parole period of 15 months imposed in the Local Court for an offence of between 15 and 17 May 2019 he broke into and entered and stole from premises at 4 Zambesi Road, Seven Hills. There were various items of property stolen and in total they were said to have a value of $2,050. The Local Court imposed the sentence to commence on 24 July 2019. It currently expires on 23 June 2021. The non-parole period currently expires on 23 October 2020.