R v Sharn BERGAN; R v Rick McANDREW [2017] NSWDC 405

District Court New South Wales

Medium Neutral Citation: R v Sharn BERGAN; R v Rick McANDREW [2017] NSWDC 405 Hearing dates: 10 November 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Criminal Before: KING SC DCJ Decision: BERGAN: Convicted. Agg B&E & commit serious indictable offence-in company:- Special circumstances found – age, need for extended parole period, and assistance in addressing anger management, drug and alcohol issues, Sentenced to a term of imprisonment for 2 years and 6 months comprising of a NPP of 15 months to commence on 30 September 2017 and to expire on 29 December 2018, and a balance of term of 1 year and 3 months to commence on 30 December 2018 and to expire on 29 March 20/20. To be released to parole at the end of the NPP, on/about 29 December 2018. Stalk/intimidate intend fear physical etc harm (personal)- Sentenced to a fixed term of imprisonment for 6 months to commence on 30 September 2017 and to expire on 29 March 2018. The sentences are to be served concurrently. McANDREW: Convicted. Special circumstances found – 1st time in custody, age (57), cancer and sequelae. Indicative sentences: Agg B&E & commit serious indictable offence-in company: Imprisonment for 30 months – NPP 15 months Assault occasioning abh in company of other(s): 9 months imprisonment Stalk/intimidate intend fear physical etc harm (personal)-: 6 months imprisonment Aggregate sentence: Sentenced to a total term of imprisonment for 2 years and 10 months comprising of a NPP of 17 months to commence on 27 September 2017 and to expire on 26 February 2019, and a balance of term of 17 months to commence on 27 February 2019 and to expire on 26 July 2020. To be released to parole on 26 February 2019. Catchwords: CRIMINAL – Sentence - aggravated break and enter and commit serious indictable offence in company – stalk/intimidate, intend to cause fear of physical harm assault occasioning actual bodily harm in the company of others - joint criminal enterprise - subjective matters - special circumstances Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: King v R (2010) NSWCCA 202 Category: Sentence Parties: Regina Sharn BERGAN Rick McANDREW Representation: Counsel: Defence (McAndrew): Mr J Jeffrey