R v Maher [2020] NSWDC 410

District Court New South Wales

Medium Neutral Citation: R v Maher [2020] NSWDC 410 Hearing dates: 21 May 2020 Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence of seven years imprisonment with an aggregate non-parole period of four years and six months imprisonment. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation CRIME — Violent offences — Stalking or intimidation CRIME — Violent offences — Assault occasioning actual bodily harm Legislation Cited: Crimes Act 1900 (NSW), ss 59(1), 112(3) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A Cases Cited: The Queen v Ponfield (1999) 48 NSWLR 327 Bugmy v The Queen (2013) 249 CLR 571 Category: Sentence Parties: Director of Public Prosecutions (Crown) Joshua Maher (Offender) Representation: Solicitors: Ms C Ervin (Crown) Mr K Clowry (Agent on behalf of Offender) File Number(s): 2018/00243823

SENTENCE

Introduction 1. The offender, Mr Maher, stands to be sentenced for the following offences having pleaded guilty to them. 2. The first is that on 19 May 2018 at Pitt Town he broke and entered the dwelling house of Greg and Maree Williams situated at 58 Glebe Road, Pitt Town and while in the dwelling house he committed the serious indictable offence of larceny in circumstances of special aggravation, namely that at the time of the break and enter he intentionally wounded Scott Warner. 3. When sentencing the offender on that offence he acknowledges his guilt in relation to two further offences on a Form 1, and asks that I take them into account when imposing sentence on that offence. Those offences are using an offensive weapon to commit an indictable offence. On 19 April 2018 he used a crowbar intending to commit the indictable offence of intimidation of Kate Warner. 4. The second of the Form 1 offences is an offence of intimidation of Lisa Williams, with the intention of causing Lisa Williams to fear physical or mental harm. 5. The second substantive offence that the offender is to be sentenced for is an offence that on 19 April 2018 at Pitt Town he assaulted Greg Williams, thereby occasioning him actual bodily harm. 6. The third substantive offence that the offender is to be sentenced for is an offence that on the same day in 2018 he assaulted Maree Williams, thereby occasioning actual bodily harm to her. 7. The break and enter offence is an offence under s 112(3) of the Crimes Act and has a maximum penalty of 25 years imprisonment and there is an applicable standard non-parole period of seven years. 8. The two assault occasioning actual bodily harm offences are offences under s 59(1) of the Crimes Act and have a maximum penalty of five years imprisonment and there is no applicable standard non-parole period.