R v Burke [2023] NSWDC 282

District Court New South Wales

Medium Neutral Citation: R v Burke [2023] NSWDC 282 Hearing dates: 4 May 2023 Decision date: 05 May 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found to provide longer period of supervised parole to assist in the offender's rehabilitation and return to a lawful life within the community. Indicative Sentences: 002: 3 years + 9 months – NPP: 2 years 003: 1 year + 6 months Aggregate Term of Imprisonment: Sentenced to an aggregate term of imprisonment of 4 years comprising a non-parole period of 2 years and 4 months to commence on 21 June 2022 and expiring on 20 October 2024, upon which date he will become eligible for parole, and a balance of term of 1 year and 8 months to commence on 21 October 2024 and to expire on 20 June 2026. Catchwords: CRIMINAL – sentence - recklessly cause grievous bodily harm in company – larceny – seriousness of offences – substantial injuries inflicted - generosity of victim met by intimidation and violent, unprovoked attack – role of this offender - no evidence supplied to court of monetary value of items stolen, never returned – statutory aggravating factors - s 21A(2)(c) - implicit threat + use of weapon - s 21A(2)(eb) – offences committed in home of victim – subjective matters – letter from offender - self-serving statements – remorse & contrition – prospects of rehabilitation - aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Rex Burke, Samaoso Joash Junior Representation: Counsel: Def: Mr D Bhutani