R v Marszalek [2023] NSWDC 574

District Court New South Wales

Medium Neutral Citation: R v Marszalek [2023] NSWDC 574 Hearing dates: 30, 31 October 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Application for a permanent stay of sentence proceedings refused Catchwords: CRIMINAL PROCEDURE – Stay of sentence proceedings – Permanent Cases Cited: Hakim (1989) 41 ACrim R 372 Jago v District Court of New South Wales & Ors (1989) 168 CLR 23 Kitchingman v R [2023] NSWCCA 4 R v Glennon (1992) 173 CLR 592 R v Edwards [2009] HCA 20 Subramaniam v R (2004) HCA 5 Category: Procedural rulings Parties: Office of the Director of Public Prosecutions (Crown)

Yaakov Marszalek (Offender) Representation: Counsel: Mr M Gleeson (Crown) Mr R Coffey (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Karim and Nicol Lawyers (Offender) File Number(s): 2021/00332442

Judgment 1. Mr Yaakov Marszalek, (the Offender), seeks a permanent stay of his sentence proceedings on the basis of his ill-health, deteriorating ill health, and likely prognosis of life expectancy of less than 12 months; (Offenders WS at [3]). 2. The Offender has pleaded guilty in the Local Court and was committed for sentence to this Court on 14 September 2022 in relation to an offence that on 22 November 2021 at Strathfield he entered the dwelling house of Norman Wieland at Strathfield, with intent to commit a serious indictable offence therein, namely, intimidation, in circumstances of aggravation, namely, he knew that there were persons present within the dwelling place. That is an offence under s.111(2) of the Crimes Act and has a maximum penalty of 14 years imprisonment and there is no applicable standard non-parole period.