R v Saunders [2021] NSWDC 508

District Court New South Wales

Medium Neutral Citation: R v Saunders [2021] NSWDC 508 Hearing dates: 10 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [72] Catchwords: CRIME – sentence – take and drive conveyance without consent of owner – never licensed person drive vehicle on road – use offensive weapon to prevent unlawful detention. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 Road Transport Act 2013 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Fernando (1992) 76 A Crim R 58 Zrieka v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Sentence Parties: Director of Public Prosecutions (Crown) Dean Saunders (Offender) Representation: Counsel: J. Menzies (Crown) K. Stares (Offender)

Solicitors: C. Minette (Offender) File Number(s): 2020/228550

remarks on sentence 1. The offender is to be sentenced in respect of sequence 10, use offensive weapon to prevent lawful detention. The offence is pursuant to s 33B(1)(a) of the Crimes Act 1900 and the maximum penalty is 12 years imprisonment. There is no standard non-parole period prescribed. 2. The offender has asked that sequence 6, an offence pursuant to s 154A(1)(a) of the Crimes Act of take and drive conveyance without consent of owner, is taken into account on a Form 1. The offender has admitted his guilt in respect of that offence. 3. A further matter is to be dealt with by way of a certificate pursuant to s 166(1)(b) of the Criminal Procedure Act 1986, being sequence 9, an offence pursuant to s 53(3) of the Road Transport Act 2013, i.e. never licenced person drive vehicle on road – prior offence. 4. The offences occurred on 5 August 2020. At the time of the offences, the offender was on parole, having been released on 29 June 2020. His parole was due to expire on 29 June 2022. Following his arrest on 5 August 2020, his parole was revoked. He has therefore been in custody since 5 August 2020, referable to bail being refused on the present offences and serving the balance of his parole.