The Queen v Green [2020] NSWDC 666

District Court New South Wales

Medium Neutral Citation: The Queen v Green [2020] NSWDC 666 Hearing dates: 16 September 2020; 14 September 2020; 26 August 2020; 20 August 2020; 7 August 2020 Date of orders: 16 September 2020 Decision date: 16 September 2020 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Full time custodial sentence. Decision at [104] – [122] Catchwords: CRIME – sentence – multiple offences – lengthy history – strong subjective case – balance of parole to serve – prospects of rehabilitation Legislation Cited: Crimes Act 1900 NSW ss 33B, 51B, 154 Crimes (Sentencing Procedure) Act 1999 NSW ss 3A, 10A, 21, 47 Road Transport Act 2013 NSW s 51 Cases Cited: Bugmy v The Queen [2013] HCA 27 Texts Cited: None Category: Sentence Parties: Regina (ODPP) Nathan Green (Offender) Representation: Solicitors: Mr Murray (ODPP) Mr Ayache (Offender) File Number(s): 2019/202449 Publication restriction: None

Judgment

INTRODUCTION 1. Nathan Green, hereafter referred to as 'the Offender', appears before the Court today for sentence in relation to a number of charges set out on the Crown Sentence Summary, marked Exhibit A. The first charge is take and drive a conveyance, being sequence 4 of charge number ending 475, and in breach of s 154A(1)(a) of the Crimes Act, that offence carries a maximum penalty of 5 years imprisonment. There is no standard non-parole period. 2. The second charge is use an offensive weapon to prevent lawful apprehension, being sequence 6 of the same charge number, and in breach of s 33B(1)(a) of the Crimes Act. That charge carries a maximum penalty of 12 years imprisonment. 3. The third charge is engage in a police pursuit (first offence). That is sequence 7 of the same charge number, and in breach of s 51B(1) of the Crimes Act. That offence carries a maximum penalty of 3 years imprisonment, together with a disqualification of licence. 4. There is a related matter on a s 166 Certificate which the Offender has asked me to sentence, being driving whilst disqualified, second or more offence. That is sequence 5 of the same charge number, in breach of s 54(1) of the Road Transport Act. The maximum penalty for that offence is 12 months imprisonment and/or 50 penalty units. It also carries a disqualification period. 5. Finally, there's a charge on a Form 1, which has been signed by the Offender, and which he wishes me to have regard in relation to sentencing him in respect of Count 2, being sequence 6. That is sequence 8, use offensive weapon to prevent lawful apprehension, in breach of the same section aforementioned, and carrying a maximum penalty of 12 years imprisonment. 6. The maximum penalties in respect of each of the offences are guideposts to a sentencing Judge, and represent the seriousness with which the community, through parliament, views this offending. 7. The Offender was born on 9 January 1980 and is now 40 years of age. I have signed the certificate to the Form 1, confirming that the charge will be taken into account, with a view to increasing the penalty that would otherwise be appropriate for Count 2, being sequence 6. The Court does so by giving greater weight to two elements which are always material in the sentencing process. The first is the need for personal deterrence, and the second is the community's entitlement to extract retribution. 8. As mentioned, the Offender was born in January 1980. The offending took place on 30 June 2019, and he was arrested the same day, at which time he was bail refused. He was on parole at the time of the offending, which is an aggravating factor, and his parole was revoked as a result of the offending. The Offender is currently serving the balance of parole, which was deemed to have commenced at the time of his arrest on 30 June 2019 and will expire on 2 January 2022.