R v Harper [2021] NSWDC 528

District Court New South Wales

Medium Neutral Citation: R v Harper [2021] NSWDC 528 Hearing dates: 4 June 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: 3 years imprisonment with a non-parole period of 12 months Catchwords: SENTENCING — Aggravating factors — Breach of conditional liberty — Home of victim or any other person SENTENCING — Subjective considerations on sentence — Mental illness — Special circumstances SENTENCING — Relevant factors on sentence — Multiple offences — Totality with respect to existing offences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; HCA 37 R v MAK, R v MSK (2006) 167 A Crim R 159 R v Ponfield (1999) 48 NSWLR 327 Category: Sentence Parties: Regina (Crown) Keegan Harper (Offender) Representation: Solicitors: Ms S Maine (ODPP) Mr D Gibbons (Legal Aid NSW) File Number(s): 2020/00239674 Publication restriction: Nil

Judgment 1. The offender, Keegan Harper, 23 years of age, appears for sentence in relation to one offence of aggravated break and enter dwelling in company, an offence pursuant to s 112(2), Crimes Act 1900 (NSW). The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non‑parole period of 5 years. 2. In respect of that offence, the offender pleaded guilty on 12 March 2021 at the Gosford Local Court. Having regard to the timing of the plea, I propose to allow a discount on sentence of 25%. 3. The offender has been in custody since 17 August 2020, that is, his date of arrest. He has spent no time in custody solely referable to this offence in circumstances where he has been serving sentences since that date. Firstly, an aggregate sentence of 3 years with a non‑parole period of 2 years to date from 17 August 2020 due to expire on 16 August 2022. Secondly, a call‑up of a suspended sentence, being a total term of 18 months with a non‑parole of 9 months also to date from 17 August 2020, which expired on 6 May 2021. I will say more later in my remarks in relation to the commencement date for the sentence imposed today.