R v Cheshire-Elwin [2024] NSWDC 440

District Court New South Wales

Medium Neutral Citation: R v Cheshire-Elwin [2024] NSWDC 440 Hearing dates: 14 December 2023, 16 February 2024, 13 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) In respect to the two offences on the s 166 certificate of destroy or damage property (sequence 2) and larceny (sequence 3), the offender is convicted without imposing any other penalty pursuant to section 10A of the Crimes (Sentencing Procedure) Act 1999 (NSW). (2) I impose an aggregate sentence of 3 years. (3) Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence is to be served by way of intensive correction order. (4) The standard conditions prescribed by section 73 of the Crimes (Sentencing Procedure) Act 1999 apply, that is: – (a) The offender must not commit any offence; and (b) The offender must submit to the supervision by a Community Corrections Officer. (c) The following additional conditions apply: – (i) The offender must complete 400 hours of community service; (ii) The offender must undertake treatment with Dr Thangavelu and comply with all reasonable directions of that doctor regarding treatment; (iii) The offender must undertake treatment at Goulburn Community Health Centre and comply with all reasonable directions of the centre regarding treatment; and (iv) The offender must report to Goulburn Community Corrections within 7 days. Catchwords: CRIME – stalk intimidate intend fear physical harm – aggravated enter dwelling with intent – cause grievous bodily harm – mental health – Bugmy considerations - intensive correction order – parity Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007, s 13(1) Crimes (Sentencing Procedure) Act 1999, 21A, 21A(5)(aa), 53A, 66 Crimes Act 1900, ss 35(1), 111(2) Criminal Procedure Act 1986, s 166 Cases Cited: Baden v R [2020] NSWCCA 23 Bugmy v The Queen [2013] 249 CLR 571 DC v R [2023] NSWCCA 82 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Giles-Adams v R; Preca v R [2023] NSWCCA 122 Green v R; Quinn v R (2011) 244 CLR 462 Hall v R [2021] NSWCCA 220 Hesketh v R [2021] NSWCCA 262 Hoskins v R [2021] NSWCCA 169 KR v R [2012] NSWCCA 32 Muldrock v R (2011) 244 CLR 120 R v MAK; R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v Quinlin [2021] NSWCCA 284 Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3 Category: Sentence Parties: Rex Eloise Cheshire-Elwin Representation: Counsel: Mr R Pettit (Offender)