R v Lawlis [2024] NSWDC 418

District Court New South Wales

Medium Neutral Citation: R v Lawlis [2024] NSWDC 418 Hearing dates: 12 September 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs [79]-[80] Catchwords: CRIMINAL LAW – sentencing – aggravated break and enter offence – statutory offences – parity principle Legislation Cited: Crimes Act 1900 (NSW), ss 112(1)-(2), 154A(1), 154F Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5(1), 21A(2), 25D(2) Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1 KT v R [2008] NSWCCA 51 Marshall v R [2007] NSWCCA 24 R v Ponfield & Ors (1999) 48 NSWLR 327 Texts Cited: Nil Category: Sentence Parties: Office of the Director of Public Prosecutions (ODPP) Mr Joel Lawlis (the Offender) Representation: Counsel: Mr C Meade (Solicitor Advocate) for the ODPP Mr E James for the Offender

Solicitors: ODPP Blaxland Law File Number(s): 2022/00189292 Publication restriction: Nil

EX-TEMPORE REMARKS ON SENTENCE

Introduction 1. Mr Joel Lawlis, the offender, is before the Court following pleas of guilty to two counts of aggravated break and entering and committing a serious indictable offence, contrary to s 112(2) of the Crimes Act 1900 (NSW). The two counts relate to different occasions, the first being at 5 Jervis Drive, Illawong on 10 November 2020 and the second being at 37 Watling Avenue, West Hoxton on 18 January 2021. 2. For this offence the maximum penalty is 20 years' imprisonment. The offence also carries a standard non-parole period of 5 years' imprisonment. 3. The offender also pleaded guilty to four related offences on a s 166 Criminal Procedure Act 1986 (NSW) certificate, these being: 1. Seq 2: stealing a motor vehicle, contrary to s 154F of the Crimes Act (a Husqvarna TE3001-EK 235) 2. Seq 3: stealing a motor vehicle, contrary to s 154F of the Crimes Act (a Yamaha YZ65) 3. Seq 6: stealing a motor vehicle, contrary to s 154F of the Crimes Act (a blue Golf R '07MKR') 4. Seq 10: taking and driving conveyance without the owner's consent, contrary to s 154A(1)(a) of the Crimes Act (a 2017 Hyundai Elantra SR 'DQM98M') 1. For the s 154F offence, the maximum penalty is imprisonment for 10 years; although when prosecuted in the Local Court, it is 2 years' imprisonment. For the s 154A(1)(a) offence, the maximum penalty is imprisonment for 5 years. There was no standard non-parole period for these particular offences. 2. The guilty pleas (which were adhered to in this hearing) were entered 10 days prior to the scheduled commencement of trial. The offender suggested that he might obtain a greater discount than that provided for under the statutory scheme. The Crown disagreed. I prefer the Crown's submission noting the rather elaborately constructed, or calibrated, statutory regime. The offender is entitled to a 5% discount for the entry of the pleas (per s 25D(2)(b)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW) ('CSP Act'). 3. As will become apparent, the offender had several co-offenders who have previously been sentenced for their roles in the offending. The co-offenders are Jake Dillon, Evan Taylor, Zackary Locke, Nathan Hartshorn and Jonovan Patterson. I will deal with the issue of parity in the course of these remarks.