R v McCutchen [2022] NSWDC 214

District Court New South Wales

Medium Neutral Citation: R v McCutchen [2022] NSWDC 214 Hearing dates: 13 May 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [81]. Catchwords: Break and enter and commit serious indictable offence. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Care v R [2022] NSWCCA 101 Haak v R [2022] NSWCCA 28 Hoskins v R [2021] NSWCCA 169 Jackson v R [2010] NSWCCA 162 Lloyd v R [2022] NSWCCA 18 Veen v R (No. 2) (1998) 164 CLR 465; [1998] HCA 14 Category: Sentence Parties: Director of Public Prosecutions (Crown) Mark McCutchen (Offender) Representation: Counsel: C. Dobraszczyk (Crown) D. Stewart (Offender) File Number(s): 2019/64152 Publication restriction: Nil.

remarks on sentence 1. The offender is to be sentenced in respect of one count of aggravated break and enter and commit serious indictable offence pursuant to s 112(2) of the Crimes Act. The offender entered a plea of guilty to the offence on 18 January 2022 and at the sentence hearing on 13 May 2022 he adhered to his plea of guilty. 2. The maximum penalty prescribed for the offence is 20 years imprisonment. There is a standard non-parole period prescribed of 5 years imprisonment. 3. The offender was born on 2 August 1979 and is now 42 years of age. He has had a complex criminal history and has spent a large amount of his life in custody both as a juvenile and as an adult. That history is referred to below, however, it is agreed between the parties that following his arrest on the index offence on 17 October 2018 by way of a future Court Attendance Notice, since 6 March 2019 he has spent 228 days in custody referable to the index offence, as a maximum. 4. The offence, which occurred on 8 October 2018, was committed whilst the offender was on parole, however that parole was revoked on 4 November 2018 in respect of other matters. The offence was committed in company of a co-offender, Daniel Neal, who also pleaded guilty to the same offence.