R v Hura [2022] NSWDC 95

District Court New South Wales

Medium Neutral Citation: R v Hura [2022] NSWDC 95 Hearing dates: 16 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: Ex tempore reasons given in court Catchwords: CRIMINAL LAW – sentencing- aggravated break and enter with intent to commit serious indictable offence- damage property- robbery with an offensive weapon. Legislation Cited: Crimes Act 1900 (NSW) ss 97(1), 112(2) and 195 Crime (Sentencing Procedure) Act 1999 (NSW) ss 3A, 7 and 66 Cases Cited: R v Henry [1999] NSWCCA 111 Harris v R [2021] NSWCCA 322 Category: Sentence Parties: Regina (Crown) Dylan Charles Hura Representation: Crown: Ms K Thomson (Solicitor) Offender: Mr R Hussey (Counsel) File Number(s): 2020/251735 Publication restriction: None

Judgment

Introduction 1. The offender, Dylan Charles Hura, appears for sentence today in relation to a number of offences, two of which occurred on the same day and the third on a separate day. 2. The first matter for sentence is sequence 1 which is aggravated break and enter and commit serious indictable offence. The aggravation was by reason of the fact that the offender was aware that somebody was in the premises. That is in breach of s 112(2) of the Crimes Act 1900 and has a maximum penalty of 20 years imprisonment with a standard non‑parole period of five years. 3. The second principal count for sentence is sequence 3 which occurred on 15 June 2019 and is robbery armed with an offensive instrument, namely a brick, in breach of s 97(1) of the Crimes Act 1900. That offence carries a maximum penalty of 20 years imprisonment and there is no standard non‑parole period. 4. On a s 166 certificate the offender has admitted his guilt in relation to a charge of damage property, being sequence 2, and has asked that he be sentenced for that matter in this Court. In the Local Court it carries a maximum penalty of two years imprisonment and/or 50 penalty units. 5. The chronology in exhibit A includes that on 17 February 2019 the offending in relation to sequence 1 and sequence 2 occurred. The co‑offender, Mr Bottrell, was arrested and charged on 19 February 2019. 6. On 15 June 2019 the offending the subject of sequence 3 occurred. 7. The co‑offender of the 17 February 2019 offending, Mr Bottrell, was committed for sentence and eventually sentenced in this Court on 20 November 2019. 8. Mr Hura presented to Wyong Police Station on 27 May 2020 at which time a swab was taken and he was then released pending further investigation. On 29 August 2020 he was arrested and charged. He was granted conditional bail on 30 August 2020 and committed for sentence to this Court on 16 November 2021. He has spent one night or two days in custody referrable to the subject offending.