R v Hazelwood [2021] NSWDC 88

District Court New South Wales

Medium Neutral Citation: R v Hazelwood [2021] NSWDC 88 Hearing dates: 4 March 2021 Decision date: 25 March 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [130] Catchwords: Multiple offences of break, enter and steal; delay in sentencing whilst serving a sentence of imprisonment interstate; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cahyadi v R (2007) 168 A Crim R 41; [2007] NSWCCA 1 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 RO v R [2019] NSWCCA 183 R v Blanco [1999] NSWCCA 121 R v Harris (2007) 171 A Crim R 267; [2007] NSWCCA 130 R v Merrin [2007] NSWCCA 255 R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435 R v Todd (1982) 2 NSWLR 517 Watts v R [2007] NSWCCA 153 Category: Sentence Parties: Director of Public Prosecutions (Crown) Tony Glen Hazelwood (Offender) Representation: Counsel:

Solicitors: D Pace (Crown) T Spohr (Offender) File Number(s): 18/136383 Publication restriction: Nil

remarks on sentence 1. The offender is to be sentenced in respect of the following offences to which he has entered pleas of guilty: Sequence 2 – Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 26 May 2006 at Carnarvon Golf Club. Sequence 19 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, that occurred on 21 November 2014 at the Beverley Hills Hotel. Sequence 20 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 12 December 2014 at the Beverley Hills Hotel. Sequence 21 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 10 January 2015 at the Brewhouse Hotel, Marayong. Sequence 24 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 17 January 2015 at the Blacktown Inn. Sequence 25 – Break and enter with intent to commit serious indictable offence, an offence pursuant to s 113(1) of the Crimes Act 1900, which occurred on 27 March 2015 at the Vikings Sports Club, Dundas. Sequence 35 - Break and enter with intent to commit serious indictable offence, an offence pursuant to s 113(1) of the Crimes Act 1900, which occurred on 25 April 2015 at the Collector Hotel, Parramatta. The offences in Sequences 2, 19, 20, 21, and 24, pursuant to s 112(1) of the Crimes Act 1900, carry a maximum penalty of 14 years imprisonment. The offences in Sequences 25 and 35, pursuant to s 113(1) of the Crimes Act 1900, carry a maximum penalty of 10 years imprisonment. There is no Standard Non-Parole Period applicable to any of the offences. 1. Attached to Sequence 19, is a Form 1 (referred to as "Form 1A") in respect of the following offences: Sequence 4 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 6 September 2014 at Triglav Mounties Group at St Johns Park. Sequence 40 - Break, enter and steal an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 11 November 2016 at the Beverley Hills Hotel. 1. Attached to Sequence 21 is a Form 1 (referred to as "Form 1B") in respect of the following offences: Sequence 14 – Break, enter and steal, pursuant to s 112(1) of the Crimes Act 1900, which occurred on 6 November 2014 at the Brewhouse Hotel, Marayong. Sequence 18 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 17 November 2014 at the Blacktown Inn. Sequence 22 - Break, enter and steal, an offence pursuant to s 112(1) of the Crimes Act 1900, which occurred on 12 January 2015 at the Vikings Sports Club, Dundas. 1. Attached to Sequence 2 is a Form 1 (referred to as "Form 1C") relating to: Sequence 1 - break, enter and steal with intent to commit a serious indictable offence, an offence pursuant to s 113(1) of the Crimes Act 1900, which occurred on 27 January 2006 at the Parramatta City Pre-school and Childcare Centre. 1. In respect of each of the offences on each of the Forms 1A, 1B and 1C, the offender has admitted his guilt and has asked that each of those matters be taken into account on sentence. 2. On 12 November 2019, the offender was sentenced in Queensland for 65 similar offences to a period of imprisonment of 7 years. That sentence was backdated to commence on 29 August 2017 to reflect the offender's pre‑sentence custody, and he became eligible for parole on 28 December 2019. He was not released to parole on that date, in all likelihood because a warrant had issued in respect of the index offences for his extradition to New South Wales, which occurred on 7 April 2020. He has been in custody in respect of the index offences from 8 April 2020 to the present.