Police v Hawkins [2023] NSWLC 3

Local Court New South Wales

Medium Neutral Citation: Police v Hawkins [2023] NSWLC 3 Hearing dates: 5,10 May 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Criminal Before: Olischlager LCM Decision: Bail Refused Catchwords: CRIME — Severity Appeal — Bail Legislation Cited: Bail Act 2013 (NSW), ss 18, 20, 22B Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 20, 63 Bail Amendment Act 2022 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171 R v Sturmann [2022] NSWLC 3 Engelbrecht v Director of Public Prosecutions (NSW) [2016] NSWCA 290 Texts Cited: New South Wales, Parliamentary Debates, (16:40), Second Reading Speech of the Bail Amendment Bill 2022, the Honourable Ms Pavey on behalf of the Attorney-General Category: Procedural rulings Parties: Police (Respondent) Adam Hawkins (Applicant) Representation: Solicitors: Sergeant Montgomery (Respondent) Mr Irwin (Applicant) File Number(s): 2023/00068944;2023/00068955 Publication restriction: Nil

JUDGMENT 1. This is a Release Application on behalf of Mr Hawkins. Mr Hawkins was sentenced on 26 April 2023 at the Local Court Wyong to an aggregate sentence of imprisonment to a term of 18 months commencing 1 March 2023 to expire on 31 August 2024 with a non-parole period of 10 months. 2. A table of the indicative sentences imposed in relation to each offence is below: 2023/68944-001 Drive whilst disqualified 7 months 2023/68944-002 Dishonestly obtain benefit by deception 6 months 2023/68955-001 Take & Drive conveyance w/o consent 6 months 2023/68955-002 Drive whilst disqualified 7 months