R v Jamie Dale GARDINER [2015] NSWDC 90

District Court New South Wales

Medium Neutral Citation: R v Jamie Dale GARDINER [2015] NSWDC 90 Hearing dates: 4 June 2015 and 11 June 2015 Date of orders: 11 June 2015 Decision date: 11 June 2015 Jurisdiction: Criminal Before: Judge A Haesler SC DCJ Decision: Take/detain person - taken into account on a Form 1 Break & Enter - convicted and sentenced to a term of imprisonment of 18 months, consisting of a non-parole period of 9 months, to commence on 5 November 2014 and expire on 4 August 2015. Robbery armed with offensive weapon - Taking into account a finding of special circumstances and the matter on the Form 1, convicted and sentenced to a term of imprisonment, to be partly consecutive on the sentence which has been imposed on you today, of 3 years 9 months, consisting of a non-parole period of 1 year 9 months, to commence on 5 February 2015 and expire on 4 November 2016. Eligible for consideration for release to parole on 4 November 2016 to serve the balance of term of 2 years to commence on 5 November 2016 and expire on 4 November 2018, subject to the supervision and guidance of the Community Services NSW for as long as they deem necessary. The total effective sentence is 4 years to commence on 5 November 2014 and expire on 4 November 2018. Catchwords: Break & Enter; Robbery armed with offensive weapon; mental health. Form 1; community protection. Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Attorney General's Application No. 1: (2002) 56 NSWLR 146 Cahyadi v R [2007] NSWCCA 1 DPP (Cth) v Del la Rosa [2010] NSWCCA 194 R v Engert (1996) 84 A Crim R 67 Henry v R (1999) 46 NSWLR 346 R v Henry [2007] NSWCCA 90 R v Hopkins [2004] NSWCCA 105 R v Israil [2002] NSWCCA 255 R v Knight (2005) 155 A Crim R 252 at [112] R v M.A.K., R v M.S.K. [2006] NSWCCA 381 Markarian v The Queen (2005) 228 CLR 357 Muldrock v the Queen (2011) 244 CLR 120 Munda v Western Australia [2013] HCA 38 R v Paliijan [2010] NSWCCA 142 Postiglione v The Queen (1997) 189 CLR 295 Potts v R [2012] NSWCCA 229 R v Storey [1998] 1 VR 359 R v Verdins [2007] VSCA 102 Weininger v The Queen (2003) 212 CLR 629 R v Windle [2012] NSWCCA 222 R v Wright (1997) 93 A Crim R 48 Category: Sentence Parties: Jamie Dale GARDINER (Offender) Crown (Director of Public Prosecutions) Representation: Solicitors: Ms K Bagot (Solicitor) Legal Aid New South Wales) Ms C Moore (Solicitor Director of Public Prosecutions) File Number(s): 2014/00135296