R v John Barber [2016] NSWDC 68

District Court New South Wales

Medium Neutral Citation: R v John Barber [2016] NSWDC 68 Hearing dates: 27 April 2016 Decision date: 06 May 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence For orders see [48] Catchwords: Sentencing; aggregate sentence; aggravated break, enter and steal and other offences Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985 Inclosed Lands Protection Act 1901 Road Transport Act 2013 Cases Cited: JM v R [2014] NSWCCA 297 McIntosh v R [2015] NSWCCA 184 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 ACrimR 41 R v Caldwell [2016] NSWCCA 55 R v Rae [2009] NSWCCA 9 Zreika v R [2012] NSWCCA 44 Category: Sentence Parties: Director of Public Prosecutions (Crown) John Barber (Offender) Representation: Counsel: L Hanshaw (Crown) S Bouveng (Offender)

Solicitors: File Number(s): 15/359741 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender was committed for sentence on 24 February 2016 from Wagga Wagga Local Court. He had pleaded guilty to three offences, namely: 1. Take and drive conveyance pursuant to s 154A(1)(a) of the Crimes Act 1900. This offence carries a maximum penalty of five years imprisonment. 2. Stalk/intimidate pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 ("C(DPV)A"). This offence carries a maximum penalty of 5 years imprisonment. 3. Aggravated break, enter and steal pursuant to s 112(2) of the Crimes Act 1900. This offence carries a maximum penalty of 20 years imprisonment with a standard non-parole period of 5 years. 1. In addition, the offender had pleaded guilty to the following matters on a s 166 Certificate: 1. Drive manner dangerous pursuant to s 117(2) of the Road Transport Act 2013. The maximum penalty is 9 months imprisonment; automatic disqualification for 3 years, with minimum disqualification of 12 months. 2. Drive whilst disqualified (2nd subsequent offence) pursuant to s 54(1)(a) of the Road Transport Act 2013. Maximum penalty 2 years imprisonment; automatic disqualification of 2 years. 3. Enter enclosed lands (x 2) pursuant to s 4(1)(b) of the Inclosed Lands Protection Act 1901. Maximum penalty 5 penalty units. 4. Possess prohibited drug pursuant to s 10(1) of the Drug (Misuse and Trafficking) Act 1985. Maximum penalty of 2 years imprisonment.