R v Barker [2022] NSWDC 259

District Court New South Wales

Medium Neutral Citation: R v Barker [2022] NSWDC 259 Hearing dates: 24 February 2022 Decision date: 25 February 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Special circumstances found to restore the statutory ratio between the non-parole period and balance of term. Indicative sentences of imprisonment: 2020/00356542/001: 4 years + NPP of 3 yrs 2020/00356563/001: 2 years 2020/00356549/001: 1 year 2020/00356549/002: 18 months 2020/00356549/003: 5 months Aggregate sentence: Sentenced to a term of imprisonment for 6 years with a non-parole period of 4 years to commence on 22 July 2021 and expiring on 21 July 2025, and a balance of term of 2 years commencing on 22 July 2021 and expiring on 21 July 2027. The offender is eligible for parole on 21 July 2025. 2020/00356549/003: Automatic disqualification period of 3 years applies. I order that the offender pay compensation in the amount of $2511.77 to CGU Insurance Catchwords: CRIMINAL – sentence – aggravated break, enter and steal in company - assault occasioning actual bodily harm – common assault – police pursuit – drive in manner dangerous – seriousness of offences – subjective matters – extent to which Bugmy & Fernando principles apply - institutionalisation - drug abuse – remorse and contrition - rehabilitation prospects Legislation Cited: Crimes Act 1900 Road Transport Act 2013 Victims Rights and Support Act 2013 Cases Cited: Bugmy v R [2013] HCA37 Callaghan v R [2006] NSWCCA 58 R v Fernando [2002] NSWCCA 28 at 42 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Millwood [2012] NSWCCA 2 R v Moffatt [1990] 20 NSWLR 114 Category: Sentence Parties: Regina Barker, Edward James Representation: Solicitors: Crown: Ms I Fay, Office of the Director of Public Prosecutions, NSW Defence: Ms L Connell, Legal Aid NSW File Number(s): 2020/00356549 2020/00356563