R v Watkins [2018] NSWDC 103

District Court New South Wales

Medium Neutral Citation: R v Watkins [2018] NSWDC 103 Hearing dates: 7 February 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: I make the following orders:

1 For the offences the subject of the bond, dated 23 July 2015 (2015/65752), the Offender is sentenced as follows: (a) For the offence of Use of Offensive Weapon with Intent to Commit Indictable Offence, namely Intimidation, I impose a sentence of 12 months imprisonment; (b) For the offence of Intimidate with Intention of causing Fear of Physical or Mental Harm, I impose a sentence of 12 months imprisonment; (c) For the offence of Common Assault, I impose a sentence of 12 months imprisonment. Those sentences will be served concurrently and commence on 13 February 2016 and expire on 12 February 2017. In light of the further sentences I am to impose I decline to specify a non-parole period but will account for the length of time in custody in fixing the appropriate ratio of non-parole to parole. 2 On each of Counts 1 to 9 the offender is convicted (2016/47184; 2016/226688). 3 In relation to the matters for which the offender is to be sentenced before (2016/47184; 2016/226688) me I impose an aggregate sentence of 9 years imprisonment, pursuant to s 53A of the 1999 Act to commence from 13 February 2017 to expire on 12 February 2022. Thereafter the offender shall be eligible to be released to parole from 13 February 2022 to expire on 12 February 2026. 4 The indicative terms that I would impose are as follows:- (1) Count 1 (AOABH): but for the plea of guilty I would have imposed a sentence of 2 years imprisonment. In light of the plea I would have imposed a sentence 1 year and 8 months (2) Count 2 (AOABH): but for the plea of guilty I would have imposed a sentence of 2 years and 6 months imprisonment. In light of the plea I would have impose a sentence of 2 year and 1 month (taking into account the matter on the Form1) (3) Count 3 (Common Assault): but for the plea of guilty I would have imposed a sentence of 15 months imprisonment but in light of the plea I would have imposed a sentence of 12 months. (4) Count 4 (Common Assault) but for the plea of guilty I would have imposed a sentence of 15 months imprisonment but in light of the plea I would have imposed a sentence of 12 months imprisonment. (5) Count 5 (Common Assault) but for the plea of guilty I would have impose a sentence of 12 months imprisonment but in light of the plea I would have imposed a sentence of 10 months imprisonment. (6) Count 6 (AOABH): but for the plea of guilty I would have imposed a sentence of 2 years imprisonment however in light of the plea I would have imposed a sentence of 1 years and 8 months imprisonment (7) Count 7 (Common Assault): but for the plea I would have imposed a sentence of 15 months imprisonment but in light of the plea I would have imposed a sentence of 12 months imprisonment. (8) Count 8 (Sexual Assault without Consent): but for the plea I would I would have imposed a sentence of 6 years imprisonment but in light of the plea I would have imposed a sentence of 5 years and 1 month imprisonment. The non-parole period I would have set is 3 years and 6 months. (9) Count 9 (Common Assault): but for the plea of guilty I would have imposed a sentence of 18 months imprisonment however in light of the plea I would have imposed a sentence of 15 months imprisonment. Catchwords: CRIMINAL LAW – Breach of Good Behaviour Bond – Use offensive weapon with intent to commit indictable offence, namely intimidation – Intimidate with intention of causing fear of physical or mental harm – Common Assault (Domestic Violence)