R v Hunter [2021] NSWDC 728

District Court New South Wales

Medium Neutral Citation: R v Hunter [2021] NSWDC 728 Hearing dates: 2 November 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Criminal Before: R. J. Weber SC DCJ Decision: (1) You are convicted of the offences which bring you before the Court. (2) You are sentenced to a term of imprisonment of 1 year and 10 months. (3) I order that such term of imprisonment be served in the community by way of Intensive Correction Order. (4) I order that such Intensive Correction Order commence from today (15 December 2021), to expire 14 October 2023. (5) The Intensive Correction Order will be subject to the following conditions: (a) That you be of good behaviour and not commit offences; (b) That you submit to supervision by a Community Corrections officer; (c) That you complete your current course of treatment at the residential facility known as the Restoration Centre at Kellyville in New South Wales ("The Restoration Centre"); (d) Thereafter that you remain as an outpatient and subject to the reasonable directions of Mr Mitchell Sanderson, the General Manager of the Restoration Centre. (e) That upon completion of your course of residential treatment at the Restoration Centre, you reside with your father, Eric Hunter, at 14/218 Box Road, Miranda, or such other premises as your father may occupy from time to time; (f) That you attend such rehabilitation courses or undertake such treatments or courses as may be required of you by the Restoration Centre and/or a Community Corrections Officer; (g) That you abstain from alcohol and drugs which are not prescribed to you; (h) That you undertake 12 hours of community service work per month. (6) I direct that you attend on the registry forthwith to acknowledge these terms of the Intensive Correction Order, and to have them explained to you. (7) I direct that you report to the Community Corrections office at Sutherland no later than 22 December 2021, such reporting to be by telephone. Catchwords: CRIME – robbery in company – demanding property with menaces with intent to steal SENTENCING – Relevant factors on sentence – Quasi custody – drug addiction from early age – offence committed on conditional liberty SENTENCING – Penalties – Intensive correction orders – accounting for time served and quasi-custody Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Legge v R [2007] NSWCCA 244 Mandaris v R [2021] NSWCCA 97 Markarian v The Queen (2005) 228 CLR 357 R v Edelbi [2021] NSWCCA 122 R v Henry (1999) 46 NSWLR 346 R v Jurisic (1998) 45 NSWLR 209 R v Pullen [2018] NSWCCA 264 Category: Sentence Parties: Ethan Hunter (Offender) Regina (Crown) Representation: Counsel: Mr R Webb of Counsel (Offender)