R v Ejupi, Avzi [2010] NSWDC 24

New South Wales District Court

CITATION: R v Ejupi, Avzi [2010] NSWDC 24

JUDGMENT DATE: 18 February 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Break, enter and steal (2009/00037718): Sentence to a non-parole period of 18 months to date from the 18th February 2010 and expiring on the 17th August 2011. Balance of term of 18 months to expire on the 17th February 2013. I take into account the matter on the Form 1 of Take and drive conveyance without consent of owner. 2009/00044694- Shoplifting value <= $2000 (sequence 1): Appeal dismissed. Conviction confirmed. 3 months imprisonment to date from the 4th May 2009 and expiring on the 3rd August 2009 imposed by the learned magistrate confirmed. Use etc offensive weapon to prevent lawful detention (sequence 2): Appeal dismissed. Conviction confirmed. 6 months imprisonment to date from the 3rd June 2009 and expiring on the 2nd December 2009 imposed by the learned magistrate confirmed. Use etc offensive weapon to prevent lawful detention (sequence 3): Appeal upheld in part. Conviction confirmed. 2 years imprisonment with a non-parole period of 12 months imposed by the learned magistrate quashed in lieu sentence to a non-parole period of 8 months to date from the 4th August 2009 and expiring on the 3rd April 2010. Balance of term of 10 months expiring on the 3rd February 2011. Assault (sequence 4): DECISION: Appeal upheld in part. Conviction confirmed. S.9 bond for 4 years imposed by the learned magistrate quashed in lieu s.9 bond for 3 years to date from the 18th February 2010. Assault police officer (sequence 5): Appeal upheld in part. Conviction confirmed. S.9 bond for 4 years imposed by the learned magistrate quashed in lieu s.9 bond for 3 years to date from the 18th February 2010. Resist officer in execution of duty (sequence 6): Appeal upheld in part. Conviction confirmed. S.9 bond for 4 years imposed by the learned magistrate quashed in lieu s.9 bond for 3 years to date from the 18th February 2010. Intentionally recklessly destroy/damage property (sequence 7): Appeal upheld in part. Conviction confirmed. S.9 bond for 4 years imposed by the learned magistrate quashed in lieu s.9 bond for 3 years to date from the 18th February 2010. Unlawful entry on enclosed lands (sequence 8): Appeal dismissed. S.10A imposed by the learned magistrate confirmed. I find special circumstances. I refer the offender to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.