R v Prouting-Smith [2020] NSWDC 644

District Court New South Wales

Medium Neutral Citation: R v Prouting-Smith [2020] NSWDC 644 Hearing dates: 2 October 2020 Decision date: 16 October 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence to be served by Intensive Corrections Order. For orders see [79]. Catchwords: Multiple break, enter and commit serious indictable offence. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Karout v R [2019] NSWCCA 253 R v Fangaloka [2019] NSWCCA 173 R v Gray [2018] NSWCCA 241 R v Holloway [2016] NSWCCA 166 R v Jarrold [2010] NSWCCA 69 R v Osenkowski (1982) 30 SASR 212 R v Ponfield (1999) 48 NSWLR 327 R v Pullen [2018] NSWCCA 264 Small v R [2018] NSWCCA 290 White v R [2016] NSWCCA 190 Category: Sentence Parties: Director of Public Prosecutions (Crown) Anthony Prouting-Smith (Offender) Representation: Counsel: Ms M Phelps (Offender)

Solicitors: Mr K Ng (Crown) File Number(s): 19/184263 19/266563 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is being sentenced for two offences pursuant to s 112(1)(a) of the Crimes Act 1900 of break, enter and commit serious indictable offence (steal), being sequences 1 and 3. The maximum penalty for each offence is 14 years imprisonment and there is no Standard Non-Parole Period proscribed. 2. The offender has asked that a further matter be taken into account on a Form 1 in respect of sequence 1. It is an offence pursuant to s 113(1) of the Crimes Act 1900 of attempt break and enter dwelling house with intent to steal (sequence 9). The offender has admitted his guilt in respect of that offence. 3. The offender has also asked that two further matters be taken into account on a Form 1 in respect of sequence 3. They are offences pursuant to s 117(1)(a) of the Crimes Act 1900 of larceny (sequence 7), and an offence pursuant to s 114(1)(d) of the Crimes Act 1900 of enter building/land with intent to commit indictable offence (sequence 10). The offender has admitted his guilt in respect of those two matters. 4. All of the offences were committed whilst the offender was on parole. Three offences subject to the Form 1's, referred to above, were committed between 17 and 18 March 2019. Sequences 1 and 3 were committed on 25 and 26 May 2019. On 15 June 2013, the offender had been sentenced to an aggregate sentence of 7 years commencing on 3 October 2013, with a non‑parole period of 4 years. He was released to parole on 2 October 2017. 5. The offender was arrested in respect of sequences 1 and 3 on 13 June 2019. He was subsequently arrested in respect of the three Form 1 matters (sequences 7, 9 and 10) and was in custody from 27 August 2019 until 22 January 2020, a period of 149 days.