R v Hurkett [2024] NSWDC 543

District Court New South Wales

Medium Neutral Citation: R v Hurkett [2024] NSWDC 543 Hearing dates: 22/7/24 Date of orders: 22/7/24 Decision date: 22 July 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years 2 months with a NPP of 2 years 10 months (17/12/23-16/10/26). I find special circumstances. Indicatives (25 percent discount taken into account): Count 1 – 3 years 6 months (Form 1 taken into account). Count 2 – 3 years 6 months. Catchwords: Crime – Sentence – Robbery with an offensive weapon Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Aguirre v R [2010] NSWCCA 115 Attorney General's Application of No 1 of 2002 [2002] NSWCCA 518 Bugmy v The Queen [2013] HCA 37 DPP (Cth) v De La Rosa [2010] NSWCCA 194 McCullough v R [2009] NSWCCA 94 R v Harris [2011] NSWCCA 105 R v Henry (1999) 46 NSWLR 346 Category: Sentence Parties: NSW DPP – Crown Jamie Hurkett - Offender Representation: Mr J Carlberg for Crown Mr T Jones for Offender File Number(s): 23/156856

remarks on sentence 1. Mr Jamie Hurkett is for sentence in relation to two offences. The first one being count one on the indictment on which he was arraigned this morning, that being an offence under s 97(1) of the Crimes Act 1900, being an offence of robbery with an offensive weapon. The maximum penalty for that offence is 20 years' imprisonment, and in sentencing him for that offence, he asks that I take into account on a Form 1 document a further offence of aggravated enter dwelling, knowing that a person or persons were in the premises, that being an offence which carries a maximum penalty of 14 years' imprisonment. 2. The second offence is count 2 on the indictment, which is a further offence of robbery armed with an offensive weapon, which carries a maximum penalty of 20 years' imprisonment. The maximum penalties, of course, are guidelines or yardsticks in the sentencing exercise to which I have had regard. 3. The offender pleaded guilty at the earliest opportunity, and therefore will be given a 25% discount by reason of the utilitarian value of those pleas of guilty.