R v Fell [2023] NSWDC 353

District Court New South Wales

Medium Neutral Citation: R v Fell [2023] NSWDC 353 Hearing dates: 01 September 2023 Date of orders: 01 September 2023 Decision date: 01 September 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Graham Ronald Fell is convicted. 2 The appropriate aggregate term of imprisonment is 3 years, which will be reduced by 7 months to take into account the offender's pre-sentence custody. 3 I impose an aggregate term of imprisonment of 2 years and 5 months. 4 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (1 September 2023) and expire on 31 January 2026. Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Fraud — Dishonestly obtain property by deception Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Mandranis v R [2021] NSWCCA 97 R v Olbrich (1999) 199 CLR 270 R v Zamagias [2002] NSWCA 17 Category: Sentence Parties: Rex (Crown) Graham Ronald Fell (Offender) Representation: Counsel:

Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender) File Number(s): 2022/249626 Publication restriction: None

JUDGMENT

Introduction 1. Graham Fell (the offender) appears for sentence after pleading guilty in the Local Court to the following offences: Sequence Offence Maximum Penalty and SNPP H89864714 1 Aggravated break and enter and commit serious indictable offence (larceny), contrary to s 112(2) Crimes Act 1900 20 years imprisonment; 5 years SNPP 26 Dishonestly obtain property by deception, contrary to s 192E(1)(a), Crimes Act 1900 10 years imprisonment; no SNPP