R v Milojevic [2020] NSWDC 441

District Court New South Wales

Medium Neutral Citation: R v Milojevic [2020] NSWDC 441 Hearing dates: 28 May 2020 Date of orders: 5 June 2020 Decision date: 05 June 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 5 years 3 months with a non-parole period of 2 years 8 months Catchwords: CRIME – Property offences – Break, enter and commit serious indictable offence

CRIME – Violent offences – Reckless wounding

SENTENCING – Relevant factors on sentence – Multiple offences – Accumulation, concurrency and totality Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Cahyadi v R (2007) 168 A Crim R 41 Category: Sentence Parties: Regina (Crown) Jake Michael Milojevic (Offender) Representation: Counsel: Mr D Murray (for the Offender)

Solicitors: Mr J MacMillan (for the Crown) File Number(s): 2018/00080584 Publication restriction: Nil

SENTENCE 1. Jake Michael Milojevic 23 years of age, appears for sentence in relation to the following offences: 2. Aggravated break and enter and commit serious indictable offence (larceny) pursuant to s 112(2), Crimes Act. The maximum prescribed penalty for that offence is 20 years' imprisonment. There is a prescribed standard non-parole period of five years. 3. Reckless wounding in company (victim Gary McKew) an offence pursuant to s 35(3), Crimes Act. The maximum prescribed penalty for that offence is ten years' imprisonment. The standard non-parole period is four years' imprisonment. 4. When dealing with the offender for the offence of aggravated break and enter and commit serious indictable offence (larceny), the Court is taking into account a further offence on a Form 1 of assault occasioning actual bodily harm while in the company of Dalton Hough (victim Isaac McKew), an offence pursuant to s 59(2), Crimes Act. The maximum prescribed penalty for that offence is seven years' imprisonment. There is no prescribed standard non‑parole period. 5. The offender pleaded guilty to each offence on 14 November 2019. That plea was entered in the Gosford District Court. Prior to the plea being entered, the offender had been arraigned and there had been a separate trial application. The matter had not yet been listed for trial. Having regard to the timing of the plea, I propose to allow a discount on sentence for the plea of 15%. 6. The offender has been in custody since 1 January 2018. He has been serving a balance of parole of one year two months and two days between 1 January 2018 and 2 March 2019. He is also serving an aggregate sentence of five and a half years' imprisonment with a non-parole period of three years and eight months imposed on 5 March 2019 in relation to offending that occurred on 1 January 2018. The non-parole period for that sentence commenced on 1 August 2018 and expires on 31 March 2022.