R v Inglis-Smyth [2019] NSWDC 944

District Court New South Wales

Medium Neutral Citation: R v Inglis-Smyth [2019] NSWDC 944 Hearing dates: 23 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Criminal Before: Bright DCJ Decision: Total term of imprisonment of 3 years with a non-parole period of 18 months. Catchwords: SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Subjective considerations on sentence — Drug addiction — Special circumstances — Bugmy principles Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act No 1 of 2002 (2002) 56 NSWLR 146 Bugmy v R [2013] HCA 37; 249 CLR 571 Imbornone v R [2017] NSWCCA 144 R v Ponfield (1999) 48 NSWLR 327 Category: Sentence Parties: Regina (Crown) Jake Inglis-Smyth (Offender) Representation: Solicitors: Mr S Allan, DPP (NSW) (Crown) Ms H Dean, Legal Aid (NSW) (Offender) File Number(s): 2018/00313774 Publication restriction: Nil

SENTENCE 1. The offender, Jake Inglis-Smyth, 24 years of age, appears for sentence in relation to one offence of aggravated break and enter and commit serious indictable offence, an offence pursuant to s 112 (2), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non-parole period of 5 years. 2. When dealing with the offender for that offence, the Court is taking into account a further three offences on a Form 1 as follows: 1. Give false name - Pursuant to s 13(a), Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The maximum prescribed penalty for that offence is two penalty units; and 2. Two offences of possess prohibited drug - Pursuant to s 10 (1), Drug Misuse and Trafficking Act 1985 (NSW) relating to cannabis and oxycodone. The maximum prescribed penalty in respect of each of those offences is two years imprisonment and/or 20 penalty units. 1. The offender is also being sentenced for one offence on a s 166 Certificate of resist officer in the execution of duty, an offence pursuant to s 58, Crimes Act. The maximum prescribed penalty for that offence when dealt with on indictment is five years imprisonment. 2. The offender pleaded guilty at the Wyong Local Court on 2 April 2019. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody since his date of arrest, that is 14 October 2018. Whilst in custody, he has served a non-parole period of six months between 14 October 2018 and 13 April 2019 in respect of two offences of destroy property, one offence of contravening an Apprehended Violence Order, one offence of stalk and intimidate and one offence of common assault. All those offences were domestic violence offences. 4. He has also served a non-parole period of five months between 14 October 2018 expiring on 13 March 2019 in respect of one offence of common assault, also a domestic violence offence. In my view, in circumstances where all the above offences were served concurrently, I propose to make the sentence imposed today cumulative upon those sentences. Accordingly, the sentence imposed today will date from 14 April 2019. 5. The Crown tendered the following material on sentence: Exhibit A - Crown sentence bundle; and Exhibit B - Crown written submissions.