R v JERKIC, Ricky [2017] NSWDC 317

District Court New South Wales

Medium Neutral Citation: R v JERKIC, Ricky [2017] NSWDC 317 Hearing dates: 29 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full-time custodial sentence. For orders see [85] Catchwords: CRIMINAL – SENTENCE – break, enter and steal property – Form 1 offences – taking and driving conveyance without the consent of the owner – dishonestly obtain advantage property by deception – offence committed whilst on parole – offences committed within private residences – limited planning – no force or threat against any victim – offences were not impulsive but opportunistic – consideration of the balance of parole to be served in the determination of non-parole period – offender to serve balance of sentence in Queensland following completion of non-parole period in NSW – 28 years old – lengthy criminal record in home state of Queensland – history of drug dependency – no finding of remorse – offender undertook a residential rehabilitation program while on parole – no mental health issues present – totality of sentencing – finding of special circumstances Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application (No 1) of 2002 (2002) 56 NSWLR 147 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Hammoud [2000] NSWCCA 540 R v Harris [2007] NSWCCA 130 R v Henry and Ors (1999) 46 NSWLR 346 R v Thompson and Houlton (2000) 49 NSWLR 383 R v Todd (1982) 2 NSWLR 517 Regina v Ponfield [1999] NSWCCA 422 Category: Sentence Parties: Regina (Crown) Ricky Jerkic (Offender) Representation: Solicitors: Ms Gauld (DPP Solicitor) Ms Williams (Legal Aid Solicitor) File Number(s): 2016/001688612016/00169011 Publication restriction: Nil