R v Hewitt [2020] NSWDC 686

District Court New South Wales

Medium Neutral Citation: R v Hewitt [2020] NSWDC 686 Hearing dates: 09 November 2020 Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 33 Catchwords: CRIMINAL LAW – sentencing – break, enter and steal offence – Bugmy principles regarding the effects of childhood disadvantage – drug addictions – consideration of general and specific deterrence Legislation Cited: Crimes Act 1900 (NSW), s 112 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5 Cases Cited: Bugmy v the Queen (2013) 249 CLR 571 R v Fernando (1992) 76 A Crim R 58 R v Harris (2007) 171 A Crim R 267 R v Henry (1999) 46 NSWLR 346 R v Maher [2004] NSWCCA 177 R v Scott [1999] NSWCCA 434 Category: Sentence Parties: Director of Public Prosecutions Mr T R Hewitt Representation: Solicitors: Solicitor for the Office of the Director of Public Prosecutions Aboriginal Legal Service (NSW/ACT) File Number(s): 2020/12329 Publication restriction: Nil

Judgment

INTRODUCTION 1. The offender is before the Court for sentencing for the offence that, contrary to s 112(1)(a) of the Crimes Act 1900 (NSW), at Sydney on 30 October 2019 he broke and entered into a shop called 'Sodam Kitchen' and stole certain property of the victim, Mr Chuljung Lee, the owner of the shop, being a black backpack containing $1,000 in various denominations. 2. He pleaded guilty to that offence on 20 August 2020. 3. The offence carries a maximum penalty of 14 years' imprisonment. There is no standard non-parole period.