R v Hartnett [2009] NSWDC 426

New South Wales District Court

CITATION: R v Hartnett [2009] NSWDC 426

HEARING DATE(S): 11/02/09

JUDGMENT DATE: 13 February 2009

JURISDICTION: Crime

JUDGMENT OF: Norrish QC DCJ

DECISION: Convicted: Sentenced to a term of imprisonment which consists of a non parole period of one year and six months to commence on 17 May 2009 and expire on 16 November 2010. The balance of the sentence will be two years and three months and that will expire on 16 February 2013. Finding of special circumstances.

CATCHWORDS: CRIME - Sentencing - break and enter in circumsntances of aggravation - maliciously inflict actual bodily harm

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Thomson and Houlton [2000] NSWCCA 309 (49 NSWLR 383) The Queen v Way (2004) NSWCCA 131 R v Anderson [2008] NSWCCA 211 CASES CITED: R v MLP [2006] NSWCCA 271 R v AJP [2004] NSWCCA 434 Pearce v The Queen (1998) 194 CLR 610 R v Holder (1983) 3 NSWLR 245

PARTIES: Regina Trevor George Hartnett

FILE NUMBER(S): 2009/00000118

SOLICITORS: Ms Nicholson - Director of Public Prosecution Ms Hanshaw - Aboriginal Legal Services - Offender

SENTENCE

1 HIS HONOUR: Trevor George Hartnett appears today for sentence in relation to an offence to which he pleaded guilty at the Local Court and to which he pleaded guilty again at the District Court. It alleges that he, on 13 January 2008, at Glenfield Park in the State of New South Wales, did break and enter the house of Jared McPherson situated at 31 Goborra Street and within that dwelling house did commit a serious indictable offence, to wit, occasion actual bodily harm in circumstances of aggravation, to wit, that he (Trevor George Hartnett) maliciously inflicted actual bodily harm on the said Jared Michael McPherson.