R v McGaw [2022] NSWDC 101

District Court New South Wales

Medium Neutral Citation: R v McGaw [2022] NSWDC 101 Hearing dates: 11 March 2022 Date of orders: 11 March 2022 Decision date: 11 March 2022 Jurisdiction: Criminal Before: Haesler DCJ Decision: Full time custodial order to be served by way of an intensive correctional order. For orders see [34]. Catchwords: CRIME – Aggravated enter dwelling with intent, knowing people there - Common assault SENTENCING - Relevant factors on sentence – early plea – failed attempt to regain stolen property by intimidation – in company – in victim's home - offender of prior good character- purposes of sentencing discussed - Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Abel v R [2020] NSWCCA 82 Category: Sentence Parties: Dean Alan McGaw (the offender) Director of Public Prosecutions Representation: Counsel: Mr E Anderson (for the offender)

Solicitors: Morrisons Law (for the offender) (Mr L McGonigal (for Director of Public Prosecutions) File Number(s): 2021/00015996

SENTENCE – EX TEMPORE REVISED

Introduction 1. Dean McGaw has accepted responsibility and is to be sentenced today for two serious offences. The first, aggravated enter a dwelling with intent to commit an indictable offence, namely intimidation, the aggravation circumstances knowing people were there; an offence pursuant to s 111(2) Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. He also pleaded guilty to common assault, s 61 Crimes Act 1900. It carries a maximum penalty of two years. 2. McGaw asked that when I sentence him for the aggravated enter dwelling offence that I take into account on a Crimes (Sentencing Procedure) Act 1999, Form 1, an offence of occasioning actual bodily harm in company: s 59(2) Crimes Act. I will take that matter into account when I come to fix an appropriate sentence for the aggravated enter dwelling offence. It forms part of the general matrix of everything that happened on the evening in question. I do not impose a sentence for that offence, but it does require some additional weight to be given to specific deterrence and community protection and a very modest increase in the sentence for the aggravated enter dwelling offence, primarily because a separate victim was involved.