R v Whitmore [2021] NSWDC 637

District Court New South Wales

Medium Neutral Citation: R v Whitmore [2021] NSWDC 637 Hearing dates: 10 September 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Criminal Before: Bright DCJ Decision: 2 years and 3 months imprisonment with a non-parole period of 1 year and 3 months. Catchwords: SENTENCING — Aggravating factors — Breach of conditional liberty — Home of victim or any other person SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Subjective considerations on sentence — Drug addiction — Special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of 2002 (2002) 56 NSWLR 146 Bugmy v R (2013) 249 CLR 571; HCA 37 Category: Sentence Parties: Regina (Crown) Nathan Whitmore (Offender) Representation: Solicitors: S Allan (ODPP) D Gibbons (Legal Aid NSW) (Offender) File Number(s): 2020/00269341 Publication restriction: Nil

Judgment 1. The offender, Nathan Charles Luke Whitmore, 34 years of age, appears for sentence in relation to one offence of aggravated break and enter with intent to commit a serious indictable offence (larceny), in circumstances of aggravation being infliction of actual bodily harm upon Tony Buckley (the victim), an offence pursuant to s 113 (2), Crimes Act 1900 (NSW). The maximum prescribed penalty for the offence is 14 years imprisonment. There is no standard non-parole period prescribed. 2. When dealing with Mr Whitmore for that offence, the Court is taking into account one further offence on a Form 1 of shoplifting pursuant to s 117, Crimes Act. The maximum prescribed penalty for that offence when dealt with summarily is 2 years imprisonment. 3. Mr Whitmore pleaded guilty on 18 May 2021 at the Wyong Local Court. Having regard to the timing of his plea, I will allow a discount of 25% on sentence. 4. Mr Whitmore has been in custody, bail refused, since his arrest on 15 September 2020. Whilst in custody, he has served sentences for other matters. I will say more later in my remarks about the commencement date of the sentence being imposed today.