R v Geoffrey Shaun Fieldsend; R v Richard Reginald OHLSEN aka PRETTY [2017] NSWDC 402

District Court New South Wales

Medium Neutral Citation: R v Geoffrey Shaun Fieldsend; R v Richard Reginald OHLSEN aka PRETTY [2017] NSWDC 402 Hearing dates: 13 October 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Criminal Before: KING SC DCJ Decision: FIELDSEND: Indicative sentences Inmate escape from lawful custody (+ Form 1 matters: Intentionally or recklessly damage & Inmate possess mobile phone/SIM card): 2 years and 6 months Assault law enforcement officer while in the execution of the officer's duty: 6 months Knowingly be carried in stolen conveyance: 18 months Aggregate sentence Convicted. Special circumstances found to assist rehabilitation and to re-establish the ratio between the NPP and the balance of term. Sentenced to a term of imprisonment for 3 years and 6 months comprising of a NPP of 2 years to commence on 4/1/18 and to expire on 3/1/20 and a balance of term of 1 year and 6 months commencing on 4/1/20 and expiring on 3/7/21. Eligible for release to parole on 3/1/20.

OHLSEN: Indicative sentences Inmate escape/attempt to escape from lawful custody: 2 years – would have been concurrent with sentence imposed re SEQ 1 Assault law officer (not police officer) T2: 6 months Police pursuit – not stop – drive dangerously 2nd offence: 2 years Break and enter dwelling/house commit serious indictable offence (+Form 1 offences SEQ 4 Aid inmate to escape from custody & SEQ 6 Take and drive conveyance): 2 years Aggregate sentence Convicted. Special circumstances found to assist rehabilitation and to re-establish the ratio between the NPP and the balance of term. Sentenced to a term of imprisonment for 5 years, comprising of a NPP of 3 years to commence on 20/7/17 and to expire on 19/7/20, and a balance of term of 2 years to commence on 20/7/20 and expiring on 19/7/22. Eligible for parole on 19/7/20. Catchwords: CRIMINAL – Sentence –inmate escape from lawful custody – assault law officer – police pursuit, not stop – drive dangerously - s56 & 57 Crimes (Sentencing Procedure) Act - application to indicative sentence/aggregate sentence – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Summary Offences Act 1988 Category: Sentence Parties: REGINA Geoffrey Shaun FIELDSEND Richard Reginald OHLSEN aka PRETTY Representation: Solicitors: CR: Ms J Turner (FIELDSEND) DEF: Mr T Saunders (OHLSEN) DEF: Ms R Mitchell File Number(s): 2016/00209119, 2016/00209394