R v Hitch [2020] NSWDC 838

District Court New South Wales

Medium Neutral Citation: R v Hitch [2020] NSWDC 838 Hearing dates: 1/9/20, 2/9/20, 3/9/20, 30/10/20 3/11/20 Date of orders: 3/11/20 Decision date: 03 November 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to imprisonment for 3 years 4 months with a NPP of 2 years (20/10/19-19/10/21). I find special circumstances. Seq 1 and 2 on the s166 certificate are withdrawn and dismissed. Catchwords: Crime – Sentence – Aggravated break and enter and commit serious indictable offence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R [2013] HCA 37 Mapp v R (2010) 206 A Crim R 497 Marshall v R [2007] NSWCCA 24 Palijan v R [2010] NSWCCA 142 R v Bennett [2014] NSWCCA 197 R v Li (unreported, NSWCCA 9 July 1997) R v Ponfield (1999) 48 NSWLR 327 Category: Sentence Parties: NSW DPP – Crown Jamie Hitch - Offender Representation: Ms C Hurford for Crown Mr T Healey for Offender File Number(s): 2019/2887

sentence

THE OFFENCES 1. Mr Jamie Hitch is for sentence in relation to an offence of breaking and entering the house of Marie Mott and committing in that house a serious indictable offence, namely, intentionally damaging property in circumstances of aggravation in that he knew that there was a person or persons present inside the premises. The maximum penalty for that offence is 20 years' imprisonment and a standard non parole period of five years is prescribed. That maximum and the standard non parole period are, of course, important legislative guideposts to which I must have regard when determining the sentence. 2. The offender pleaded guilty to the charge in circumstances where his trial was listed to commence on 1 September 2020 and, at that stage, involving two charges. However, on that day it was indicated that a plea of guilty would be entered to an amended indictment the next day, and on that next day, 2 September 2020, the offender pleaded guilty to the current indictment containing one count. It is agreed that in those circumstances he is entitled to a discount of 5% by reason of the utilitarian value of his plea of guilty.