R v Donovan [2023] NSWDC 149

District Court New South Wales

Medium Neutral Citation: R v Donovan [2023] NSWDC 149 Hearing dates: 11 May 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Joseph Donovan is convicted and the appropriate discount is 25%. 2 I impose an aggregate term of imprisonment of 18 months to take into account the offender's pre-sentence custody because an ICO cannot be backdated. 3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (11 May 2023) and expire on 10 November 2024. 4 The offender must report to the Mt Druitt Community Corrections Office on or before 4pm on 18 May 2023. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence CRIME — Property offences — Steal motor vehicle Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Mandranis v R [2021] NSWCCA 97 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Joseph Donovan (Offender) Representation: Counsel: Mr A Wong (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2021/355562 Publication restriction: None

Judgment

Introduction 1. Joseph Donovan (the offender) appears for sentence after pleading guilty in the Local Court to the following offences: Sequence Offence Maximum Penalty and SNPP H85408456 3 Aggravated break and enter and commit serious indictable offence, contrary to s 112(2) Crimes Act 1900 20 years with SNPP of 5 years 4 Steal motor vehicle, contrary to s 154F, Crimes Act 1900 10 years; no SNPP