NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Eckersley [2022] NSWDC 747 Hearing dates: 15 August 2022 Decision date: 02 September 2022 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – Bugmy factors, institutionalisation, need for a longer period on supervised parole to assist with drug abuse, help guard against ongoing institutionalisation & to reintegrate into the law-abiding community. Form 1 matters (2021/00118140 SEQ 005, 2021/00118204 SEQ 002, 005 + 006) taken into account on sentence s166 matter 2021/00118140 SEQ 001 – Convicted pursuant to s10A – no other penalty imposed Indicative sentences of imprisonment: 2021/00118140 002 + Form 1 matter 005 – 2 years & 3 months 2021/00164791 001 + Form 1 matters 2021/00118204 SEQ 002,005,006 – 5 years with NPP 3 years & 3 months Aggregate sentence: Sentenced to a total term of imprisonment for 6 years comprising a NPP of 3 years and 10 months to commence on 28 April 2021 and to expire on 27 February 2025, upon which date he is eligible for parole, and a balance of term of 2 years and 2 months to expire on 27 April 2027. Catchwords: CRIMINAL – Sentence – 1. aggravated break & enter & commit serious indictable offence – larceny – knowing persons present – police pursuit, not stop, drive dangerously + Form 1 matters: larceny – take and drive – enter building with intent to commit indictable offence – 2. drive under the influence – on 15-month CCO at time of offences – objective seriousness of offences – subjective matters – drug abuse – Bugmy factors – substantial criminal history - institutionalisation Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport Act 2013 Cases Cited: Attorney General's Application No 1 of 2002 [2002] NSWCCA 518 Bugmy v The Queen [2013] CLR 571 R v Way [2004] 60 NSWLR 168 Category: Sentence Parties: Regina Eckersley, Timothy Mark Representation: Solicitors: ODPP: Ms G Cornett ALS: Mr U Naveed File Number(s): 2021/00118140 2021/00118204 2021/00164791
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