R v Mills; R v Smiroldo [2020] NSWDC 919

District Court New South Wales

Medium Neutral Citation: R v Mills; R v Smiroldo [2020] NSWDC 919 Hearing dates: 6 November 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Mills: Sentenced to a term of imprisonment of 3 years and 6 months with a non-parole period of 2 years Smiroldo: Sentenced to a term of imprisonment of 3 years with a non-parole period of 18 months Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Violent offences — Stalking or intimidation — Circumstances of aggravation — Offensive weapon Legislation Cited: Crimes Act 1900 (NSW) s 112 subs (3) Firearms Act 1996 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 3A Cases Cited: Bullock v R [2016] NSWCCA 131 Bugmy v R (2013) 249 CLR 571 Category: Sentence Parties: Director of Public Prosecutions (Crown) Bradley Mills (Offender) Mark Anthony Smiroldo (Offender) Representation: Counsel: Mr Rainey (Crown) Mr Royce (Smiroldo) Ms Tawagi (Mills) File Number(s): 2019/00352063 2019/00351997 Publication restriction: Nil

SENTENCE

Introduction 1. Each of the offenders stands to be sentenced having pleaded guilty to the following offence. That on 8 November 2019 in Clarendon they each broke and entered the dwelling house of Jackson McJennet located at 216 Hawkesbury Valley Way and committed the serious indictable offence of intimidation in circumstances of special aggravation, namely, that they each knew there were persons present within the dwelling house and that they were also armed with a dangerous weapon, namely a gel-ball calibre repeating air pistol. 2. That is an offence under s 112 subs (3) of the Crimes Act and has a maximum penalty of twenty-five years imprisonment and there is an applicable standard non-parole period of seven years.