R v Benjamin Hayward [2016] NSWDC 67

District Court New South Wales

Medium Neutral Citation: R v Benjamin Hayward [2016] NSWDC 67 Hearing dates: 26 April 2016 Decision date: 06 May 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: For orders see [59] Catchwords: Sentence, take and detain for advantage, domestic violence Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Summary Offences Act (1988) (NSW) Cases Cited: R v Boney [2008] NSWCCA 165 R v Cahyadi (2007) 168 ACrimR 41 R v Caldwell [2016] NSWCCA 55 R v Pearce (1998) 194 CLR 610 Category: Sentence Parties: Director of Public Prosecutions (Crown) Benjamin Hayward (Offender) Representation: Counsel: L Hanshaw (Crown) S Bouveng (Offender) File Number(s): 15/327664 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender was committed for sentence on 16 March 2016 from Wagga Wagga Local Court. He is to be sentenced for two offences: 1. Take/detain for advantage – pursuant to s 86(1)(b) of the Crimes Act 1900, for which the maximum penalty is 14 years imprisonment. 2. Intimidation – pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 ("C(DPV)A"), for which the maximum penalty is 5 years imprisonment. 1. The offender has asked that two matters be taken into account on a Form 1. They are as follows: 1. Custody of knife in a public place – pursuant to s 11C of the Summary Offences Act (1988) (NSW). This offence carries a maximum penalty of 2 years imprisonment. 2. Destroy or damage property – pursuant to s 195(1)(a) of the Crimes Act. The offence carries a maximum penalty of 5 years imprisonment.