Police v Anton Karel TOCIN [2011] NSWLC 24

Local Court New South Wales

Medium Neutral Citation: Police v Anton Karel TOCIN [2011] NSWLC 24 Hearing dates: 06/05/2011 Decision date: 06 May 2011 Jurisdiction: Criminal Before: Magistrate Lerve Decision: On the charge of drive whilst disqualified: The offender is convicted and sentenced to a fixed term of imprisonment of eight months to commence of 5 April 2011 and to expire on 4 December 2011. The offender is disqualified from driving for three years from 29 December 2012 and any habitual offender's declaration is quashed. On the charge of threatening to cause injury to a witness in judicial proceedings: The offender is convicted and sentenced to a non-parole period of nine months to commence on 5 September 2011 and to expire on 4 June 2012. Thereafter I specify a balance of term of fifteen months to commence on 5 June 2012 and to expire on 4 December 2010. Parole is to be unsupervised. Catchwords: SENTENCING - drive whilst disqualified - prior record an aggravating factor - threaten to cause injury to a witness - offender on conditional liberty at time of offence - need for strong deterrent sentences for public justice offences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport (Driver Licensing) Act 1998 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 2 of 2002) (2002) 137 A Crim R 196 Bourke v R [2010] NSWCCA 22 Cahyadi v R [2007] NSWCCA 1 Marinellis v R [2006] NSWCCA 307 R v AD [2008] NSWCCA 289 R v Doan (2000) 50 NSWLR 115 R v Jones (unreported, NSWCCA, 30/6/94) R v Lenard; R v Fail [2006] NSWCCA 345 R v Sutton [2004] NSWCCA 225 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Van Rysewyk [2008] NSWCCA 130 Category: Sentence Parties: Police Anton Karel (the offender) Representation: Sgt C McGoldrick, Police Prosecutor Mr T Gallagher for the offender File Number(s): 2010/00394904