R v Murdoch [2023] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: R v Murdoch [2023] NSWSC 786 Hearing dates: 30 June 2023 Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 167(1)(a) of the Criminal Procedure Act 1986 (NSW), the back up offence of the offender having his face disguised contrary to s 114(1)(c) of the Crimes Act 1900 (NSW) is dismissed. (2) The offender is sentenced for the offence of entering a dwelling house with intent to commit a serious indictable offence, namely intimidation, in circumstances of aggravation, namely being in company, contrary to s 111(2) of the Crimes Act 1900 (NSW) to a fixed term of imprisonment of 3 years commencing on 4 June 2020 and expiring on 3 June 2023. Catchwords: CRIME – Sentence – Enter dwelling with intent to intimidate in company – Offender found guilty after trial – Relative youth of offender – Parity not significant consideration in the circumstances – Prospects of rehabilitation Legislation Cited: Bail Act 2013 (NSW), s 49 Children (Criminal Proceedings) Act 1987 (NSW), s 15 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2)-(3), 44, 45, Pt 3 Div 2 Crimes Act 1900 (NSW), ss 111(2 Criminal Procedure Act 1986 (NSW), ss 166, 167(1)(a) Cases Cited: Carreno v R [2023] NSWCCA 20 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Howard v R [2019] NSWCCA 109 Martinez v The Queen [2022] NSWCCA 12 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Sentence Parties: Rex (Crown) Travis James Murdoch (Offender) Representation: Counsel: B Hatfield with A Isaacs (Crown) N S Carroll (Offender)