R v Peter James DAY [2010] NSWDC 40

New South Wales District Court

CITATION: R v Peter James DAY [2010] NSWDC 40

HEARING DATE(S): 1 -2 February 2010 5 February 2010

JUDGMENT DATE: 5 February 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment. It is to date from 20 November 2010. I set a non-parole period of five months with a period of eligibility for parole of sixteen months making a total sentence of twenty-one months. The offender is to be released to parole on 19 April 2011.

CATCHWORDS: CRIMINAL LAW - Sentence - Recruit a child to carry out criminal activity

Crimes Act 1900 LEGISLATION CITED: Crimes Amendment (Gang and Vehicle Related Offences) Bill Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Day [2009] NSWDC 359

PARTIES: The Crown Peter James Day

FILE NUMBER(S): DC 2007/16033

COUNSEL: Mr E Balodis - Crown Mr W Flynn - Offender

SOLICITORS: Director of Public Prosecution Matouk Joyner Lawyers - Offender

SENTENCE

1 HIS HONOUR: Peter James Day appears for sentence today after having pleaded guilty, only a few days ago, to an offence that between 1 May 2004 and 15 August 2004 he recruited a man by the name of AC to carry out criminal activity. The indictment alleges that AC was then a child. That is accurate because he was at the time only seventeen years of age.

2 The circumstances of that offence are very closely related to the circumstances of another offence committed by Mr Day some time after the offence for which he is to be sentenced today. That later offence was the subject of a trial before me earlier last year. Mr Day was convicted of an offence of breaking and entering in company with intent to commit a serious indictable offence; namely to intimidate a man by the name of SA. It was the intended terrorising and assault of SA which led to Mr Day recruiting Mr AC.