R v Olson [2022] NSWDC 449

District Court New South Wales

Medium Neutral Citation: R v Olson [2022] NSWDC 449 Hearing dates: 30 September 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 57 - 58 Catchwords: CRIMINAL LAW – severity appeal – multiple offences – challenges to indicative offences – significance of Local Court's jurisdictional limit – focus on the right of appeal on the aggregate sentence Legislation Cited: Crimes Act 1900 (NSW) ss 112, 193C, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) ss 4A, 4B, 13(1) Cases Cited: Bugmy v R (2013) 249 CLR 571 R v Henry (1999) 46 NSWLR 346 Category: Principal judgment Parties: Ms M Olson (appellant) ODPP Representation: Legal Aid for the appellant ODPP File Number(s): 2021/00250230 Publication restriction: Nil Decision under appeal Court or tribunal: Gosford Local Court Jurisdiction: Local Court Date of Decision: 1 September 2022 Before: Magistrate J Price File Number(s): 2021/00250230

REASONS FOR JUDGMENT 1. This is a severity appeal from an aggregate sentence following pleas of guilty imposed by the Gosford Local Court on 1 September 2022 of imprisonment for 18 months, with a non-parole period of 12 months, arising from 4 multiple offences that are set out in the table below. 2. It is to be noted that there is a s 10A conviction (with no additional penalty) on 4 other offences occurring on 5 October 2021. There is no appeal against that sentence. Sequence/Section Offence Maximum Penalty Initial Sentence Received District Court H 325024796/1 Stalk/intimidate intend fear physical harm (domestic) Imprisonment for 5 years and/or 50 penalty units ($5,500) Indicative term: 12 months s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) Local Court Imprisonment for 2 years and/or 50 penalty units ($5,500) District Court H 83134630/7 Deal with property proceeds of crime <$100,000 Imprisonment for 3 years Indicative term: 4 months s 193C(2) Crimes Act 1900 (NSW) Local Court Imprisonment for 2 years and/or 50 penalty units ($5,500) District Court H 84705042/1 Break and enter house steal value <=$60,000 Imprisonment for 14 years Indicative term: 14 months s 112(1)(a) Crimes Act 1900 (NSW) Local Court Imprisonment for 2 years and/or $11,000 fine District Court H 84705042/2 Destroy or damage property Imprisonment for 5years Indicative term: 14 months s 195(1)(a) Crimes Act 1900 (NSW) Local Court Imprisonment for 2 years and/or $2,200 fine