R v Bayliss [2020] NSWDC 769

District Court New South Wales

Medium Neutral Citation: R v Bayliss [2020] NSWDC 769 Hearing dates: 13 November 2020 Date of orders: 13 November 2020 Decision date: 13 November 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate sentence of 8 years and 4 months imprisonment with a non-parole period of 5 years. Catchwords: SENTENCING — Relevant factors on sentence — Moral culpability — Multiple offences — Aggregate sentences — Accumulation, concurrency and totality SENTENCING — Subjective considerations on sentence — Drug addiction — Special circumstances – Bugmy factors Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571; HCA 37 Cahyadi v R (2007) 168 A Crim R 41; NSWCCA 1 Category: Sentence Parties: Regina (Crown) Jacob Bayliss (Offender) Representation: Counsel: Mr D Stewart (Offender) Mr D Henschell (Crown

Solicitors: Mr J Murray, ODPP (Crown) Mr A Miller, Ross Hill & Associates (Offender) File Number(s): 2019/00033596

Judgment 1. Jacob Bayliss, 34 years of age, appears for sentence having been found guilty on 3 August 2020 after a judge alone trial at Gosford District Court of the following offences: 1. Count 2 - Specially aggravated enter dwelling house with intent to commit a serious indictable offence namely robbery in circumstances of aggravation namely knowing there were persons inside and in circumstances of special aggravation namely armed with a dangerous weapon, namely a firearm, an offence pursuant to s 111 (3), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is 20 years imprisonment. There is no prescribed standard non-parole period. 2. Count 3 - Reckless wounding (victim Jake McDonald), an offence pursuant to s 35 (4), Crimes Act. The maximum prescribed penalty for that offence is 7 years imprisonment. There is a prescribed standard non-parole period of 3 years. 3. Count 4 - Reckless wounding (victim Paul Johnson), an offence pursuant to s 35 (4), Crimes Act. The maximum prescribed penalty for that offence is 7 years imprisonment. There is a prescribed standard non-parole period of 3 years. 1. The offender was found not guilty in relation to count 1, an offence of specially aggravated break enter and commit serious indictable offence, an offence pursuant to s 112(3), Crimes Act. 2. The offender has been in custody bail refused in relation to the offences since 31 January 2019. I will say more later in my remarks in relation to the date upon which the current sentences will commence.