R v Korat [2021] NSWDC 29

District Court New South Wales

Medium Neutral Citation: R v Korat [2021] NSWDC 29 Hearing dates: 04 February 2021 Date of orders: 05 February 2021 Decision date: 05 February 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Sentence of imprisonment of 2 years, the offender is to be released at the expiry of 12 months from the commencement of the sentence, namely 03 February 2022, conditionally upon him entering a recognizance in himself of an amount of $5,000, to be of good behaviour for 3 years Catchwords: CRIME — Federal offences MEDIA AND COMMUNICATIONS — Telecommunications services — Offences — Threat by telephone SENTENCING — Federal offenders — Relevant considerations SENTENCING — Federal offenders — Sentence by State court for offence against Commonwealth law SENTENCING — Non-parole period — Power to refrain from specifying non-parole period — Federal offender dealt with by State court SENTENCING — Penalties — Imprisonment SENTENCING — Penalties — Recognisance SENTENCING — Plea of guilty — Committal for sentence SENTENCING — Relevant factors on sentence — General principles SENTENCING — Relevant factors on sentence — Moral culpability SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Sentencing procedure — Agreed facts SENTENCING — Sentencing procedure — Pre-sentence reports SENTENCING — Sentencing procedure — Pre-sentence reports — Use of hearsay material SENTENCING — Sentencing procedure — Pronouncement of sentence SENTENCING — Sentencing procedure — Reasons for sentence SENTENCING — Subjective considerations on sentence — Drug addiction SENTENCING — Subjective considerations on sentence — Health issues SENTENCING — Subjective considerations on sentence — Intoxication Legislation Cited: Crimes Act 1914 Criminal Code Act 1995 Mental Health Act 2007 Cases Cited: Imbornone v R [2017] NSWCCA 144 Markarian v The Queen [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 Munda v State of Western Australia [2013] HCA 38 R v Cooney (Unreported, QLD District Court, Bowskill QC DCJ, 27 February 2017) R v Gambier [2009] QCA 138 R v Qutami [2001] NSWCCA 353 R v Rosario (Unreported, Western Australia District Court, Bowden DCJ, 22 March 2012) R v Siddiq-Conlon (Unreported, NSW District Court, Hock DCJ, 23 November 2012) Tepania v R [2018] NSWCCA 247 Veen v The Queen (No. 2) [1988] HCA 14 Western Australia R v Stewart (Unreported, Western Australia District Court, McCann DCJ, 03 May 2010) Xiao v R [2018] NSWCCA 4 Category: Sentence Parties: Regina (Crown) Sanjay Kalubhai Korat (Offender) Representation: Rory Macken (CDPP) Barbara Coorey (Solicitor for the Offender)