R v DJD [2023] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: R v DJD [2023] NSWSC 1049 Hearing dates: 22 August 2023 Date of orders: 1 September 2023 Decision date: 01 September 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) Pursuant to ss 168 and 202 of the Criminal Procedure Act 1986 (NSW), the related offence of destroying or damaging property contrary to s 195(1) of the Crimes Act 1900 (NSW) is dismissed. (3) 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 imprisonment for a non-parole period of 2 years and 10 months commencing on 26 September 2022 and expiring on 25 July 2025, with a balance of term of 2 years expiring on 25 July 2027. (4) The offender will first be eligible for release on parole from the expiration of the non-parole period on 25 July 2025. Catchwords: CRIME – Sentence – Enter dwelling with intent to intimidate in company – Offender found guilty after trial – Young offender – Significant mental health issues – Lack of remorse – Prospects of rehabilitation – Parity – Totality – Additional offences committed in custody – Finding of special circumstances Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 3(1), 6, 16, 18, Pt 3 Div 4 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(2), 55, 56, Pt 3 Div 2 Crimes Act 1900 (NSW), s 111(2) Criminal Procedure Act 1986 (NSW), ss 166, 167(1)(a), 168, 202 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 90, 92 Cases Cited: Aslan v R [2014] NSWCCA 114 Carreno v R [2023] NSWCCA 20 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 DS v R; DM v R (2022) 109 NSWLR 82; [2022] NSWCCA 156 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 Martinez v The Queen [2022] NSWCCA 12 R v Dunn [2004] NSWCCA 346 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Waterstone v R [2020] NSWCCA 117 Category: Sentence Parties: Rex (Crown) DJD (Offender) Representation: Counsel: A Isaacs (Crown) P Coady (Offender)