R v Jacimoski [2022] NSWDC 550

District Court New South Wales

Medium Neutral Citation: R v Jacimoski [2022] NSWDC 550 Hearing dates: 26 October 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Criminal Before: Wass SC DCJ Decision: The offender is convicted of using an offensive weapon in company with intent to commit intimidation. The offender is sentenced to 16 months imprisonment to be served by an Intensive Corrections Order. Given the 47 days that the offender has already spent in full time custody, the order will be for a period of 15 months, commencing on 11 November 2022, and expiring on 10 February 2024. Catchwords: SENTENCING — Penalties — Intensive Correction Orders CRIME — Firearms offences — Unauthorised use/possession of firearm Legislation Cited: Crimes (Sentencing Procedure Act) 1999 (NSW) Cases Cited: Regina v Zamagias [2002] NSWCCA 17 Stanley v Director of Public Prosecutions (NSW) [2021] NSWCA 337 Category: Sentence Parties: Rex (ODPP) Phillip Jacimoski (Offender) Representation: Counsel: Ms Rogers (Crown) Ms Levick (Defence)

Solicitors: Ms Rogers (ODPP) Mr Dikha (Defence) File Number(s): 2020/00148421 Publication restriction: NIL

JUDGMENT

Introduction 1. The offender has pleaded guilty to using an offensive weapon in company with intent to commit the indictable offence of intimidation. 2. The maximum penalty of 15 years imprisonment is an important legislative guidepost. 3. The offender entered a plea of not guilty in the Local Court and was committed for trial. Prior to committal, the offender had rejected an offer made by the Crown. The matter was listed in the Super Call Over before her Honour Judge Yehia SC, as her Honour was then, in June and July 2021. The matter did not resolve. The offender entered a plea of guilty before Judge Yehia on 19 May 2022. 4. There is to be a 10% discount given for the utilitarian value of the plea.