R v Smith; R v Catt [2023] NSWDC 166

District Court New South Wales

Medium Neutral Citation: R v Smith; R v Catt [2023] NSWDC 166 Hearing dates: 27 April 2023 Date of orders: 15 May 2023 Decision date: 15 May 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty - Smith 1 Frank Alexander Smith is convicted. 2 I impose an aggregate term of imprisonment of 5 years and 9 months with a non-parole period of 3 years and 6 months to date from 4 April 2022. The non-parole period will expire on 3 October 2025 and the head sentence will expire on 3 January 2028. 3 Mr Smith will be eligible to be released on parole on 3 October 2025.

Penalty – Catt 4 Tenielle Catt is convicted. 5 I impose an aggregate term of imprisonment of 3 years and 3 months with a non-parole period of 1 year and 9 months to date from 4 April 2022. The non-parole period will expire on 3 January 2024 and the head sentence will expire on 3 July 2025. 6 Ms Catt will be eligible to be released on parole on 3 January 2024. Catchwords: CRIME — Violent offences — Assault occasioning actual bodily harm CRIME — Violent offences — Stalking or intimidation CRIME — Property offences — Break and enter with intent to commit serious indictable offence CRIME — Property offences — Enter dwelling-house with intent to commit serious indictable offence Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Frank Smith (Offender) Tenielle Catt (Offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Smith) Gregory J Goold Solicitors (Catt) File Number(s): 2022/96693 (Smith) 2022/96691 (Catt) Publication restriction: None