R v LEE [2021] NSWDC 601

District Court New South Wales

Medium Neutral Citation: R v LEE [2021] NSWDC 601 Hearing dates: 4 November 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see [67] – [73] Catchwords: Sentence – Specially Aggravated Detain for Advantage – Wounding on Form 1 – Breach of Parole for Manslaughter – totality – whether "Bugmy" factors enlivened. Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Imbornone [2017] NSWCCA 144 R v Speechley [2012] NSWCCA 130 The Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act, No. 1 of 2002 (2002) 56 NSWLR 146 Category: Sentence Parties: Regina Tristan LEE Representation: Counsel: Mr R Keller (for the Offender)

Solicitors: Ms Y Wojcik (for the Crown Mr D Barron (for the Offender) File Number(s): 2020/323156, 2021/44380 Publication restriction: No

Judgment 1. The offender appears for sentence in respect of two substantive matters, namely one count of Intimidation contrary to s 13(1) of the Crimes (Domestic & Personal Violence) Act, 2007 and one count of Specially Aggravated Detain for Advantage contrary to s 86(3) of the Crimes Act, 1900. The matters arise out of different episodes of offending. 2. The offender pleaded guilty at the Wagga Wagga Local Court on 25 August 2021 and adhered to those pleas of guilty at the sentence hearing at the Wagga Wagga District Court on 4 November 2021. Accordingly, the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty. 3. When passing sentence on the Specially Aggravated Detain for Advantage charge the offender asks that I take into account a charge of Reckless Wounding contrary to s 35(3) of the Crimes Act, which is on a Form 1 document. That offence was committed while the victim was detained. In passing sentence I will need to ensure that I give proper regard to the principles enunciated by the Court of Criminal Appeal in The Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act, No. 1 of 2002 reported at (2002) 56 NSWLR 146, otherwise known as the Guideline Judgment on Form 1 matters. Given the nature of the offending so far as the charge of Reckless Wounding is concerned there must be some impact on the ultimate sentence to be imposed. 4. The maximum penalty for the offence of Intimidation is 5 years imprisonment. The maximum penalty for the Specially Aggravated Detain for Advantage charge is 25 years imprisonment. Parliament has not specified a standard non-parole period in respect of either offence.