R v Carroll [2022] NSWDC 419

District Court New South Wales

Medium Neutral Citation: R v Carroll [2022] NSWDC 419 Hearing dates: 19 September 2022 Date of orders: 19 September 2022 Decision date: 19 September 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 53 - 58 Catchwords: Criminal Law – severity appeal from Local Court – domestic violence offences – break and entering offence Legislation Cited: Crimes Act 1900 (NSW) ss 58, 112 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 14 Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Cases Cited: Bugmy v The Queen 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 R v Henry (1999) 46 NSWLR 346 Category: Principal judgment Parties: Mr M Carroll (appellant) ODPP Representation: Solicitors: ODPP Legal Aid File Number(s): 2022/00176889 and 2022/00193870 Publication restriction: Nil Decision under appeal Court or tribunal: Gosford Local Court Jurisdiction: Local Court of NSW Date of Decision: 18 August 2022 Before: Magistrate M Antrum File Number(s): 2022/00176889 and 2022/00193870

REASONS FOR JUDGMENT 1. Following pleas of guilty on various dates, the appellant was sentenced in the Gosford Local Court on 18 August 2022 for the following offences: Sequence/Section Offence Maximum Penalty Sentence Received H 91565288/1 At 7:55am on 18 June 2022 at Koolewong, the appellant did knowingly contravene a restriction specified in an apprehended domestic violence order Imprisonment for 2 years or 50 penalty units ($5,500), or both Full time imprisonment of 9 months with a non-parole period of 6 months s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) H 88134660/1 At 5:12pm on 3 July 2022 at Koolewong, the appellant did knowingly contravene a restriction specified in an apprehended domestic violence order Imprisonment for 2 years or 50 penalty units ($5,500), or both Full time imprisonment of 9 months with a non-parole period of 6 months s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) H 88134660/2 Indictment Imprisonment for 5 years s 58 of the Crimes Act 1900 (NSW) At 5:12pm on 3 July 2022 at Koolewong, the appellant did resist Kyran Bloemers being a Senior Constable executing his duty Summary Community Corrections Order of 18 months 50 penalty units ($5,500) and/or 2 years imprisonment H 88134660/3 Indictment Imprisonment for 14 years s 112(1)(a) of the Crimes Act 1900 (NSW) At 5:12pm on 3 July 2022 at Koolewong, the appellant did break and enter the dwelling house of Peter Mottershead, and then while in the said house did steal certain property Summary Full time imprisonment of 18 months with a non-parole period of 12 months 100 penalty units ($11,000) and/or 2 years imprisonment