R v Watson [2020] NSWDC 952

District Court New South Wales

Medium Neutral Citation: R v Watson [2020] NSWDC 952 Hearing dates: Friday 16 October 2020 Date of orders: Tuesday 29 October 2020 Decision date: 29 October 2020 Jurisdiction: Criminal Before: Tupman DCJ Decision: RE: Appeal Matters Sentence appeal upheld. Quash the aggregate sentence and instead impose an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 3 years commencing with an aggregate non-parole period of 18 months. RE: Sentence Matters An aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 4 years with a non-parole period of 2 years. Catchwords: CRIME — Appeal against sentence imposed in Local Court — Further matters to be dealt with on sentence following appeal — 10 offences in for appeal — 3 offences in for sentence — Assault occasioning ABH — Choking without consent — Drive disqualified — Break enter steal — Goods in custody — Larceny — Habitual traffic offender — never held car license — Stealing offences committed to obtain clothes, food and drugs — Offences of violence occurred in context of offenders domestic relationship with long-term partner — Victim Impact Statement provided and taken into account — Offender has long history of drug use from childhood — Offender had unstable upbringing and was subject to physical abuse — Offender has lengthy criminal record — Prospects of rehabilitation are guarded. Legislation Cited: Crimes Act 1900 (NSW): s 59(1); Crimes (Sentencing Procedure) Act 1999 (NSW): s 53A. Category: Sentence Parties: Regina (The Crown) Daniel Watson (The Appellant/Offender) Representation: Solicitors: Mr. D. Wilcox-Watson (The Crown) Mr. M. Kwan (The Appellant/Offender) File Number(s): 2019/00303338; 2019/00303912; 2019/00358873