R v Monteiro [2021] NSWDC 340

District Court New South Wales

Medium Neutral Citation: R v Monteiro [2021] NSWDC 340 Hearing dates: 2 June 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 2 years and 8 months with a non-parole period of 2 years Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Breach of SENTENCING — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality — Form 1 offences — Purposes of sentencing SENTENCING — Subjective considerations on sentence — Health issues — Hardship — Special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offender's) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Cahyadi v R (2007) 168 A Crim R 41; NSWCCA 1 Director of Public Prosecutions (Cth) v De La Rosa (2010) 205 A Crim R 1; NSWCCA 194 Imbornone v R [2017] NSWCCA 144 R v Edwards (1996) 90 A Crim R 510 State of New South Wales v McQuilton (Final) [2019] NSWSC 265 State of New South Wales v Monteiro (aka Lowe) (No 3) (Preliminary) [2020] NSWSC 350 State of New South Wales v Monteiro (Final) [2020] NSWSC 881 Category: Sentence Parties: Regina (Crown) Simon Monteiro (Offender) Representation: Counsel: Ms A Betts (Offender)