R v Hunter [2020] NSWDC 907

District Court New South Wales

Medium Neutral Citation: R v Hunter [2020] NSWDC 907 Hearing dates: 26/11/20 Date of orders: 26/11/20 Decision date: 26 November 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years 3 months with a NPP of 2 years 6 months (20/4/20-19/10/22). I find special circumstances. The indicative sentences are: Seq 1 – 3 years 2 months with NPP 22 months (after discount of 25 percent). Seq 5 – 2 years 6 months with NPP 17 months (after discount of 40 percent). Seq 8 – 2 years 7 months (after discount of 25 percent and taking the Form 1 into account). Seq 4 – s10A conviction with no further penalty. Catchwords: Crime – Sentence – Aggravate break and enter and commit serious indictable offence therein – Knowing that persons were present in the house – Drive unlicensed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Palijan v The Queen [2010] NSWCCA 142 R v Ellis (1986) 6 NSWLR 603 Fernando and Ors (1992) 76 A Crime R 58 Kentwell v The Queen (No. 2) [2015] NSWCCA 96 Category: Sentence Parties: NSW DPP – Crown John Hunter - Offender Representation: Ms S Charlton for Crown Mr N Abdi for Offender File Number(s): 20/14552

sentence 1. Mr John Hunter is for sentence in relation to four offences; those being, firstly, the sequence 1 offence which is aggravated, break and enter and commit serious indictable offence knowing that persons were present in a house. That is an offence of 20 December 2019. It carries a maximum penalty of 20 years imprisonment and a standard non-parole period of 5 years is specified. Also another offence of the same type which is the sequence 5 offence committed on 5 January 2020 at the premises of Mr and Mrs Kollar, that carries the same maximum penalty and standard non parole period. Also, thirdly, an offence, sequence 8, being an aggravated offence of entering with intent to commit a serious indictable offence knowing that persons were present inside premises. That carries a maximum penalty of 14 years imprisonment. Finally, the sequence 4 offence which is an offence of drive without being licensed, and in fact having never been licensed. That offence carries no potential imprisonment but it carries a fine involving a maximum of 20 penalty units. 2. In addition, in sentencing him for the sequence 8 offence, Mr Hunter asks that I take into account three further matters on a Form 1 document, namely an offence of take and drive conveyance without consent on 25 December 2019; an offence of resist police officer in the execution of his duty committed on 15 January 2020 and an offence of not wearing a helmet when riding on a public road, an offence committed also on 15 January 2020. The maximum penalties to which I have referred and the standard non-parole periods, where applicable, are of course, in the sentencing exercise, guideposts but not goalposts. They provide guidance to the Court in determining the appropriate sentence. 3. In relation to all of the four offences Mr Hunter pleaded guilty at an early stage and he is entitled to a discount of 25% on account of the utilitarian value of that plea.