R v Hall; Hall v R [2015] NSWDC 359

District Court New South Wales

Medium Neutral Citation: R v Hall; Hall v R [2015] NSWDC 359 Decision date: 15 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: In respect of the failure to comply with a condition of a good behaviour bond, under s 98(2) of the Crimes (Sentencing Procedure) Act 1999 no action is to be taken for the failure to comply.

In respect of the appeals against sentence under s 20(2) of the Crimes (Appeal and Review) Act 2001 the sentences are set aside and the following sentences are imposed:

For the offence of contravening an apprehended violence order, under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty.

For the offence of intimidation a sentence of 4 months imprisonment is fixed, to date from 29 April 2015 and to expire on 28 August 2015.

For the offence of assault occasioning actual bodily harm a sentence of 6 months imprisonment is fixed to commence on 29 April 2015 and to expire on 28 October 2015.

For the two offences of aggravated break, enter and steal an aggregate sentence of 3 years and 6 months is imposed, to commence on 29 July 2015 and to expire on 28 January 2019. A non-parole period of 1 year and 9 months is fixed. Direction under s 97 of the Victims (Crime and Support) Act 2001 that $18,656 be paid out of the property of the offender to Crawford & Company (Australia) Pty Ltd.

For the offence of driving a motor vehicle whilst suspended under s 10A of the Crimes (Sentencing Procedure) Act 1999 the offender is convicted without any further penalty. Catchwords: CRIMINAL LAW – Sentence – particular offence – aggravated break enter and steal – in company – break in – residential premises – ram raid – commercial premises – aggregate sentence – gravity of offences – low to mid-range of objective seriousness – principle of totality – course of continuing conduct – nature and circumstances of offender – unstable background – acknowledged that offending related to alcohol abuse – accepts responsibility – remorse – on conditional liberty at time of offending – fair prospects of rehabilitation – special circumstances for altering the ratio between head sentence and non-parole period – youth of offender – first time in adult custody – need for assistance in the community – accumulation of sentences – pleas of guilty at earliest available opportunity – combined 40% discount – Form 1 for offence of stealing a motor vehicle taken into account – appeals against sentence – breach of bond – matters heard together Legislation Cited: Crimes Act 1900 (NSW), ss 59, 112 Crimes (Appeal and Review) Act 2001 (NSW), s 20 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13, 14 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 98(2)(a) Victims (Crime and Support) Act 2001 (NSW), s 97 Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 McGeown v The Queen [2014] NSWCCA 314 Category: Sentence Parties: Regina (Crown) Corey James Hall (Offender) Representation: Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) W McAuliffe, LBK Solicitors (Offender) File Number(s): 2015/078637;2015/127281 Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 25 August 2015 Before: Holmes LCM File Number(s): 2015/078637; 2015/127281