R v Potts [2019] NSWDC 943

District Court New South Wales

Medium Neutral Citation: R v Potts [2019] NSWDC 943 Hearing dates: 23 August 2019, 10 September 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate sentence of 5 years imprisonment with a non‑parole period of 2 years and 9 months. Catchwords: SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Subjective considerations on sentence — Drug addiction — Mental illness — Bugmy principles — Special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 205 A Crim R 1 Category: Sentence Parties: Regina (Crown) Jye Robbie Potts (Offender) Representation: Solicitors: Mr R Bucksath, DPP (NSW) (Crown) Ms L Manookian, Legal Aid (NSW) (Offender) File Number(s): 2018/00018056 Publication restriction: Nil

SENTENCE 1. Jye Potts, 25 years of age, appears for sentence in relation to three offences of robbery, pursuant to s 94, Crimes Act 1900 (NSW). 2. The maximum prescribed penalty in respect of each of those offences is 14 years imprisonment. There is no prescribed standard non‑parole period. 3. The offender is also being sentenced for four offences on a s 166 Certificate as follows: 1. Attempt larceny ($250, the property of Westport Bowling Club), an offence pursuant to s 117, Crimes Act. The maximum prescribed penalty for that offence is 5 years imprisonment. There is no prescribed standard non‑parole period; 2. Take and drive conveyance without consent of the owner, an offence pursuant to s 154(1)(a) of the Crimes Act. The maximum prescribed penalty is 5 years. There is no prescribed standard non‑parole period; 3. A further offence of take and drive conveyance without consent of the owner, an offence pursuant to s 154(1)(a), Crimes Act. The maximum prescribed penalty is 5 years imprisonment. There is no prescribed standard non‑parole period; and 4. Being carried in conveyance taken without the consent of the owner, an offence pursuant to s 154(1)(b), Crimes Act. The maximum prescribed penalty is 5 years imprisonment. There is no prescribed standard non‑parole period. 1. The offender pleaded guilty at the Wyong Local Court on 18 December 2018. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 2. The offender has been in custody since his date of arrest on 18 January 2018. Whilst in custody he has served a sentence in relation to two offences of break, enter and steal in respect of which a non‑parole period of one year and three months was imposed to date from 2 May 2018 and to expire on 1 August 2019. It is agreed that the offender has spent 105 days in custody (three months and 13 days) solely referable to these offences. 3. Accordingly, I propose to date the sentence imposed today from 19 April 2019, that is, 105 days prior to the expiration of the unrelated sentence on 1 August 2019.