R v Steven Ray HUGHES [2008] NSWDC 361

New South Wales District Court

CITATION: R v Steven Ray HUGHES [2008] NSWDC 361

JUDGMENT DATE: 24 September 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Sentenced to 7 months imprisonment See also R v Steven Ray HUGHES [2008] NSWDC 360.

CATCHWORDS: CRIMINAL LAW - sentence - having an offensive implement without reasonable excuse

LEGISLATION CITED: Summary Offences Act 1988 s 11B(1) Criminal Procedure Act 1986 s 167

PARTIES: Regina Steven Ray Hughes

FILE NUMBER(S): 2007/21/0327

COUNSEL: Mr Buckman

SOLICITORS: Director of Public Prosecutions

JUDGMENT

1. On 5 September 2008 I sentenced Mr Hughes in respect of two offences. By an oversight my attention was not drawn to an additional matter that Mr Hughes was charged with. He was charged with, without reasonable excuse having in his custody an offensive implement, namely a small black replica handgun in a public place. That is an offence under s 11B(1) of the Summary Offences Act 1988 and carries a maximum of two years imprisonment.

2. I have been asked to deal with that offence under s 167 of the Criminal Procedure Act 1986 as a related offence. Both the prosecution and the defence suggest that a custodial sentence would be appropriate, backdated to the commencement of the other sentences, namely 21 July 2007. That is the course I propose to adopt.

3. Accordingly, I sentence you Mr Hughes to seven months imprisonment in respect of the offence of having in your custody the offensive implement. That sentence is to commence on 21 July 2007 and expire on 20 February 2008. I do not set a non-parole period because the sentence has expired and also because the sentence is concurrent with an existing custodial sentence or an existing non-parole period. [just mark the certificate, I think you said, "SC". (sic) ] Is there anything else, Mr Modder?