R v Strbac (No 2) [2015] NSWDC 270

District Court New South Wales

Medium Neutral Citation: R v Strbac (No 2) [2015] NSWDC 270 Hearing dates: 24 July 2015; 31 July 2015; 7 August 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: Sentenced to 22 months imprisonment, to be served by way of Intensive Correction Order. Catchwords: CRIMINAL LAW - Sentence - cultivate commercial quantity of prohibited plant - Form 1 for offence of using electricity without authority taken into account - sentence of imprisonment to be served by way of intensive correction order Legislation Cited: Crimes (Administration of Sentences) Regulation 2008 (NSW), r 175 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 7, 72 Category: Sentence Parties: Regina (Crown) Stevan Strbac (Offender) Representation: Counsel: L C Hutchinson (Offender)

Solicitors: P Low, Director of Public Prosecutions (NSW) (Crown) A Faro, Nyman Gibson Miralis (Offender) File Number(s): 2014/00289830

​ 1. On 7 August 2014 I delivered some remarks regarding the offences committed by Stevan Strbac and his subjective circumstances. On that day I determined that the appropriate length of his sentence would be 22 months. I referred Mr Strbac for assessment as to his suitability to serve his sentence by way of Intensive Correction Order and the matter was adjourned to today. 2. The Court has now received a report from the Fairfield Community Corrections Office dated 14 October 2015 assessing Mr Strbac as suitable for an Intensive Correction Order. 3. Accordingly, I sentence Mr Strbac to 22 months imprisonment and under s 7 of the Crimes (Sentencing Procedure) Act 1999 I make an Intensive Correction Order directing that the sentence be served by way of intensive correction in the community. 4. I fix the date of commencement of the sentence as today, 23 October 2015. 5. I note that Ms Hutchinson has informed me that her client has received advice about the obligations of an Intensive Correction Order and the consequences if he fails to comply with the terms of the order and I regard this as satisfying the Court's obligations under s 72 of the Crimes (Sentencing) Procedure Act 1999. 6. The intensive correction order is subject to the mandatory conditions prescribed by reg 175 of the Crimes (Administration of Sentences) Regulation 2008 and I note these will also be explained to Mr Strbac by his legal representatives. 7. I again note that the offence of using electricity without authority has been taken into account when imposing this sentence.