R v Prendergast [2015] NSWDC 216

District Court New South Wales

Medium Neutral Citation: R v Prendergast [2015] NSWDC 216 Hearing dates: 19 June 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentenced to imprisonment Non-parole period of five years commencing 19 August 2013 and expiring 18 August 2018 Further period of imprisonment of two years and two months Catchwords: SENTENCE – Home invasion at night – Five offenders – Two direct victims, senior citizens – Corporal violence inflicted upon victims – Victims' house targeted because of its external appearance – Accepted no personal malice involved in selection of residence – Offender asserted unawareness of victims' being inside – Lights on in hallway, fuse box accessed and electricity disconnected by offenders, offence occurred shortly after midnight on a Saturday morning – Not established beyond reasonable doubt that offender knew persons present in house – Offence in mid-range of objective seriousness – Aggregate sentence – Poor criminal history – 10% discount for plea on morning of trial – Special circumstances found Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Palijan v R [2010] NSWCCA R v Bolter [2002] NSWCCA 435 R v Way (2013) 60 NSWLR 168 Category: Sentence Parties: Regina (Crown) Fitu Prendergast (Offender) Representation: Mr Higgins (Crown) Mr Harrison (Off) File Number(s): 2013/00252061 Publication restriction: No