R v Bridge [2021] NSWDC 529

District Court New South Wales

Medium Neutral Citation: R v Bridge [2021] NSWDC 529 Hearing dates: 23 April 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: 3 years imprisonment with a non-parole period of 12 months Catchwords: SENTENCING — Aggravating factors — Home of victim or any other person SENTENCING — Relevant factors on sentence — Multiple offences — Totality re existing offences SENTENCING — Subjective considerations on sentence — Mental illness Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; NSWCCA 194 Haines v The Queen [2012] NSWCCA 238 R v MAK, R v MSK (2006) 167 A Crim R 159; NSWCCA 381 Category: Sentence Parties: Regina (Crown) Jarrad Bridge (Offender) Representation: Counsel: Mr A Moutasallem Solicitors: Mr G Whitaker (ODPP) Ms B Nettleton (ODPP) Ms G Harb (Offender) File Number(s): 2019/00010087 Publication restriction: Nil

Judgment 1. Jarrad Bridge, 33 years of age, appears for sentence having been found guilty on 22 January 2021 after trial, of one count of aggravated break and enter and commit serious indictable offence (intimidation), the circumstance of aggravation being knowing persons were inside, an offence pursuant to s 112(2), Crimes Act 1900 (NSW). 2. The indictment was in the following terms,: "Count 1 - On 17 December 2018, at Charmhaven in the state of New South Wales, did break and enter the dwelling house of Beau Threadgate and Jayme Mace, situated at 7 Tingira Street, Charmhaven and then, in the said dwelling house did commit a serious indictable offence, namely, intimidated Beau Threadgate, causing him to fear physical or mental harm, in circumstances of aggravation namely, he knew that there were persons present within the same dwelling house." 1. The maximum prescribed penalty for that offence is 20 years imprisonment. There is a prescribed standard non‑parole period of 5 years. 2. The Court is also dealing with the offender for one offence of common assault relating to the victim, Kevin Whitty, pursuant to s 61, Crimes Act on a s 166 certificate. The offender has maintained a plea of not guilty in relation to that offence, and the Court will be required to determine that matter. 3. The offender has been in custody on an unrelated matter since 16 July 2019. He was formally bail refused in relation to the current offence on 22 January 2021, the date of verdict. 4. The offender is currently serving a sentence in relation to a Commonwealth offence of possess a commercial quantity of a border‑controlled drug, reasonably suspected of being unlawfully imported, pursuant to s 307.8(1), Criminal Code 1995 (Cth). 5. On 12 February 2021, the offender appeared before Judge Zahra at Sydney District Court and was sentenced to a total term of 6 years imprisonment with a non‑parole period of 3 years and 3 months. That sentence was to date from 16 July 2019. His current earliest release date is 15 October 2022.