R v Pickering [2023] NSWDC 425

District Court New South Wales

Medium Neutral Citation: R v Pickering [2023] NSWDC 425 Hearing dates: 22 September 2023 Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime imprisonment. For orders see [92]. Catchwords: CRIME – specially aggravated break enter and intentionally wound. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v MHK (2017) 267 A Crim R 235; [2017] VSCA 157 Fahs v Regina [2007] NSWCCA 26 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 R v Fernando (1992) 76 A Crim R 58 R v Henry (1999) A Crim R 149; [1999] NSWCCA 111 R v Israil [2002] NSWCCA 225 R v Millwood [2021] NSWCCA 2 R v Robinson [2014] NSWCCA 12 Category: Sentence Parties: Director of Public Prosecutions (the Crown) Kye Pickering (offender) Representation: Counsel: Mr A Karim (offender)

Solicitors: Mr Strainer (the Crown) File Number(s): 22/45026 Publication restriction: Nil.

REMARKS on SENTENCE 1. The offender is to be sentenced in respect of an offence pursuant to s 112(3) of the Crimes Act 1900 of specially aggravated break enter and intentionally wound. The maximum penalty for the offence is 25 years imprisonment and there is a standard non-parole period prescribed of 7 years imprisonment. 2. The offence occurred on 13 February 2022 and the offender was arrested on 15 February 2022. He has been in custody since 15 February 2022 however on 20 July 2023 he was sentenced in respect of an earlier offence of aggravated break enter and steal in company pursuant to s 112(2) of the Crimes Act 1900 that he committed on 5 February 2022 some 8 days prior to the index offence. For that earlier offence he was sentenced to a term of imprisonment of 20 months with a non-parole period of 12 months commencing on 15 February 2022. That non-parole period expired on 14 February 2023. 3. The index offence was committed whilst the offender was on bail for two unrelated offences and also subject to a Conditional Release Order ("CRO") and a Community Correction Order ("CCO") in respect of unrelated offences. He was therefore on conditional liberty at the time of the offending. 4. The index offence was committed in company with three co-offenders who are referred to below. This was the circumstance of special aggravation in the charge, together with the offender intentionally wounding Mr G Raiola.