R v Bradley Alan Smith [2018] NSWDC 18

District Court New South Wales

Medium Neutral Citation: R v Bradley Alan Smith [2018] NSWDC 18 Hearing dates: 13 February 2018 Decision date: 16 February 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Term of imprisonment less than two years imposed. Offender to be assessed for suitability to serve sentence by way of intensive correction order in the community. Catchwords: Intentionally destroying property by means of fire Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP v De La Rosa [2010] NSWCCA 194 Markarian v R [2005] HCA 25 Muldrock v R [2011] HCA 39 Newton v State of Western Australia (2006) WACA 247 Porter v R [2008] NSWCCA 145 R v Baker [2000] NSWCCA 85 R v Bilal Skaf [2005] NSWCCA 297 R v Govinden [1999] NSWCCA 118 R v Shortland [2013] NSWCCA 4 Category: Sentence Parties: Director of Public Prosecutions (Crown) Bradley Alan Smith (Offender) Representation: Counsel: B Queenan (Crown Prosecutor)

Solicitor: E Renard (Offender) File Number(s): 17/62542 Publication restriction: Non publication for co-accused BB

REMARKS ON SENTENCE 1. The offender pleaded guilty when arraigned on an Indictment to an offence pursuant to s 195(1A)(b), in that he did on 24 December 2016 at Bulahdelah, in company with BB, intentionally destroy property, namely an office building situated at 1 Markwell Road, Bulahdelah, the property of Anthony Dorney, by means of fire. 2. The offender has asked that a further matter be dealt with on a Form 1, an offence pursuant to s 112(2) of the Crimes Act 1900 of aggravated break and enter in company. The offender has admitted his guilt in respect to that matter. 3. The offender was committed for sentence on 5 September 2017 from the Taree Local Court. The sentence hearing took place on 13 February 2018.