R v Stewart Hudson aka Anu [2017] NSWDC 157

District Court New South Wales

Medium Neutral Citation: R v Stewart Hudson aka Anu [2017] NSWDC 157 Hearing dates: 17 May 2017 Decision date: 29 June 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [69] – [70] Catchwords: Multiple offences including aggravated break, enter and steal, police pursuit, take drive conveyance without consent; aggregate sentence Legislation Cited: Crimes Act 1900 Crime (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v R [2013] HCA 37 Kennedy v R [2010] NSWCCA 260 Mill v R (1988) 166 CLR 59 R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Director of Public Prosecutions (Crown) Stewart Hudson aka Anu (Offender) Representation: Counsel: P Kerr (Crown) J Gallagher (Offender) File Number(s): 15/32452216/350561 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of 12 separate offences which fall within three categories, as follows: Category 1 – Committed for sentence from Wagga Wagga Local Court on 13 April 2016 (H 240287495 Justicelink 2015/00324522). Sequence 4 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112(2) of the Crimes Act 1900. The maximum penalty is 20 years imprisonment and there is a Standard Non‑Parole Period of 5 years imprisonment. Sequence 5 – Take and drive conveyance without consent of owner, pursuant to s 154A(1)(a) of the Crimes Act 1900. The maximum penalty is 5 years imprisonment. Sequence 7 – Police pursuit – not stop – drive dangerously – first offence, pursuant to s 51B(1) of the Crimes Act 1900. Maximum penalty 3 years imprisonment, together with mandatory licence disqualification of 3 years. Sequence 9 – Police pursuit – not stop – drive dangerously – first offence, pursuant to s 51B(1) of the Crimes Act 1900. Maximum penalty 3 years imprisonment, together with mandatory licence disqualification of 3 years. Sequence 12 – Resist officer in execution of duty, pursuant to s 58 of the Crimes Act 1900. Maximum penalty 5 years imprisonment. Category 2 – Pleas of guilty entered at Wagga Wagga District Court on 8 March 2017 (H 240287495 – Justicelink 15/00324522) Sequence 11 – Assault officer in execution of duty, pursuant to s 60(1) of the Crimes Act 1900. Maximum penalty 5 years imprisonment. Sequence 13 – Attempt aggravated break and enter with intent to commit serious indictable offence (larceny) in company, pursuant to s 113(2) of the Crimes Act 1900. Maximum penalty 14 years imprisonment. Sequence 14 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112(2) of the Crimes Act 1900. Maximum penalty 20 years imprisonment. There is a Standard Non-Parole Period of 5 years imprisonment. Sequence 15 – Aggravated break and enter and commit serious indictable offence (steal) in company, pursuant to s 112 (2) of the Crimes Act 1900. Maximum penalty 20 years imprisonment. There is a Standard Non-Parole Period of 5 years imprisonment. Sequence 17 – Break and enter and commit serious indictable offence (steal) value less than or equal to $60,000, pursuant to s 112(1)(a) of the Crimes Act 1900. Maximum penalty 14 years imprisonment. Sequence 18 – Receive stolen property, pursuant to s 118(1) of the Crimes Act 1900. Maximum penalty 10 years imprisonment. Category 3 – Committed for sentence from Wagga Wagga Local Court on 10 May 2017 (H 63865539 – Justicelink 16/00350561). Sequence 1 – Break and enter and commit serious indictable offence (steal) value less than or equal to $60,000, pursuant to s 112(1)(a) of the Crimes Act 1900. Maximum penalty 14 years imprisonment 1. The offender has also asked that the following matter be taken into account to be dealt with on a Form 1: Sequence 20 – Be carried in conveyance taken without consent of owner, pursuant to s 154A(1)(b) of the Crimes Act 1900. That matter is to be taken into account with sequence 17 above. The offender has admitted his guilt in respect of that matter. 1. There is also a certificate pursuant to s 166 of the Criminal Procedure Act 1986 in relation to the following related offences: Sequence 6 – Never licenced person drive on road – first offence Sequence 8 – Never licenced person drive vehicle on road – first offence Sequence 10 – Possess house breaking implements. 1. The offences occurred between 1 October and 4 November 2015. The offender was arrested on 4 November 2015, and has been in custody since that date. 2. The offender was on parole when the offences were committed. Parole was revoked on 10 February 2016. Revocation was confirmed from 4 December 2014. The offender was required to serve the unexpired portion of the sentence, which comprised 3 months and 24 days, commencing on 4 November 2015 and expiring on 27 February 2016. Therefore, any sentence of full time custody is to commence on 28 February 2016. 3. Further, Sequences 13 and 14 above refer to offences being committed whilst "in company". The co-offender, James Cutmore, was sentenced by Judge English on 10 June 2016 in respect of both offences. In respect of those offences, her Honour, whilst sentencing by way of an aggregate sentence in respect of those and other offences, gave indicative sentences as follows: Sequence 13 – 12 months imprisonment Sequence 14 – 15 months imprisonment