R v Simon [2024] NSWDC 496

District Court New South Wales

Medium Neutral Citation: R v Simon [2024] NSWDC 496 Hearing dates: 28 February 2024, 21 June 2024, 18 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Aggregate sentence of 4 years with a non-parole period of 2 years and 6 months, at [73] to [84]. Catchwords: SENTENCING — Relevant factors on sentence —Repeat offender, extensive criminal history — Numerous break and enter offences to fund "ice" addiction — Relevance of Bugmy factors — Role of specific and general deterrence — Remorse expressed by offender to his psychologists contradicted by record of remorse in SAR — Victim impact statement taken into account. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 387; (2013) 249 CLR 571 R v Ponfield (1999) 48 NSWLR 327 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 Category: Sentence Parties: Rex (Crown) Dennis Simon (Offender) Representation: Counsel:

T Ehsman (Crown) J Mackenzie (Offender)

Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) SM Lawyers (Offender) File Number(s): 2022/00199599; 2022/00267835; 2023/00107541 Publication restriction: Nil

JUDGMENT 1. Dennis Simon appears for sentence following his entering pleas of Guilty to six counts on indictment. Pleas were entered at Taree District Court on 28 February 2024 following the presentation of an amended indictment. In addition to the six substantive counts on indictment, three offences have been placed onto three separate Form 1 documents. There is also a related summary charge which has been brought to this Court pursuant to section 166 of the Criminal Procedure Act. 2. The charges in respect of which pleas of guilty have been entered include two offences of aggravated break, enter and steal. Each is a contravention of s 112(2) of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. There is a standard non-parole period of 5 years. An additional offence of break, enter and steal contrary to s 112(1)(a) of the Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. Pleas of Guilty have also been entered with respect to two counts of driving a conveyance without the consent of the owner. These are contraventions of s 154A(1)(b) of the Crimes Act 1900 and carry maximum penalties of 5 years imprisonment. 3. The last substantive count to which a plea of Guilty has been entered is an offence of driving a vehicle recklessly knowing that police officers were in pursuit. This is a contravention of s 51B(1) of the Crimes Act 1900 and carries a maximum penalty of 3 years. 4. The three matters included, in each case, in a separate Form 1, and which the Court is asked to take into account with respect to the particular substantive offences to which each attaches, are two offences of taking a conveyance without the consent of the owner and one offence of damaging property. The theft of a conveyance is an offence contrary to s 154A(1)(a) of the Crimes Act 1900 and attracts a maximum penalty of 5 years when prosecuted separately. The offence of damaging property is a contravention of s 195(1)(a) of the Crimes Act 1900 and similarly carries a maximum penalty of 5 years imprisonment when prosecuted separately. 5. The s 166 summary offence is of driving whilst unlicensed. This is a contravention of s 53(1)(a) of the Road Transport Act 2013 and attracts a monetary penalty.