R v Huynh [2023] NSWDC 24

District Court New South Wales

Medium Neutral Citation: R v Huynh [2023] NSWDC 24 Hearing dates: 27 January 2023 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Civil Before: Fitzsimmons SC DCJ Decision: (1) The offences to which the offender has pleaded guilty, the offender is convicted. (2) In relation to Count 1 (seq 1), taking into account the plea of guilty, I indicate a sentence of imprisonment for three years and nine months. (3) In relation to Count 2 (seq 4), taking into account the plea of guilty, I indicate a sentence of imprisonment for nine months. (4) I impose an aggregate sentence of four years to date from 17 March 2022 to 16 March 2026. (5) I impose a non-parole period of three years to date from 17 March 2022 and expiring on 16 March 2025. (6) The earliest date the offender is eligible to be released to parole is 16 March 2025. Catchwords: CRIME – sentencing – attempted aggravated break and enter with intent knowing person there – prior domestic violence offences – deterrence CRIME – sentencing – s 166 certificate - contravene prohibition / restriction in AVO (domestic) Legislation Cited: Crimes Act 1900 (NSW) s 113(2) Crimes Act (Domestic and Personal Violence) 2007 (NSW) s 14(1) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A(5AA), 21A(2), 44, 53A Cases Cited: Yaman v R [2020] NSWCCA 239 Cherry v R [2017] NSWCCA 150 R v Lulham [2016] NSWCCA 287 R v Hamid (2006) 164 A Crim R 179 Kuruppu v R [2021] NSWCCA 261 Category: Sentence Parties: Rex Mr Davis Huynh Representation: Solicitors: Office of The Director of Public Prosecutions (NSW) (Crown) Western Sydney Solicitors (Offender) File Number(s): 2021/291342 Publication restriction: Unrestricted