R v Dane Erceg [2018] NSWDC 121

District Court New South Wales

Medium Neutral Citation: R v Dane Erceg [2018] NSWDC 121 Hearing dates: 4 May 2018 Decision date: 11 May 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence imposed. For orders see [100] Catchwords: Supply prohibited drugs; receive stolen property; escape police custody; aggregate sentence; special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Berryman v R [2017] NSWCCA 297 JM v R [2014] NSWCCA 297 R v Cahyadi [2007] NSWCCA 1; 168 ACrimR 41 R v Van Ryn [2016] NSWCCA 1 Veen v R [No. 2] (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (Crown) Dane Erceg (Offender) Representation: Counsel: Ms K McKenzie (Crown) M Swift (Offender) File Number(s): 15/125752, 17/102209, 17/249005 Publication restriction: Nil

REMARKS ON SENTENCE

Introduction 1. The offender is to be sentenced in respect of the following three offences: 1. H58689478 - escape police custody This is a common law offence for which there is no maximum penalty proscribed, however, if dealt with summarily, the maximum penalty is 2 years imprisonment and/or 100 penalty units. There is no Standard Non-Parole Period for the offence. 1. H58689478/OCI 1008 - receive property – theft – serious indictable offence greater than $5000. This is an offence pursuant to section 188 of the Crimes Act 1900. The maximum penalty for the offence is 10 years imprisonment and there is no Standard Non-Parole period for the offence. 1. H63896045/1 - supply prohibited drugs greater than indictable quantity (27.75g methylamphetamine) pursuant to section 25(1) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty for this offence is 15 years imprisonment and/or 2000 penalty units. There is no Standard Non-Parole Period for this offence. 1. The offender has asked that in respect of the offence of escape police custody, a further matter be taken into account on a Form 1, namely: Sequence H58689478/3 - resist officer in execution of duty pursuant to section 58 of the Crimes Act 1900. 1. The following backup offences have been set out in a certificate pursuant to section 166 of the Criminal Procedure Act 1986: Enter dwelling with intent to commit larceny (sequence 6) Larceny (sequence 7) 1. These backup offences are to be dismissed upon sentence. 2. A further related offence is also contained in the S 166 Certificate: Goods in custody suspected stolen in premises or motor vehicle (sequence 4) 1. The offender is also to be dealt with in respect of this offence. 2. The first two offences set out above (escape police custody and receive property), occurred on 6 March 2015. The offender was arrested in respect of those offences on 13 March 2015. 3. The third offence occurred on 28 December 2016 (supply prohibited drug). The offender was arrested on 5 April 2017 in respect of that matter. 4. The offender was in custody on remand from 13 May 2015 to 11 September 2015, when he was granted Supreme Court bail. He re-entered custody on 5 April 2017 following his arrest in respect of the offence of supply prohibited drug and has been in custody on remand since that date. However, on 5 March 2018, the offender was sentenced in the Local Court for an offence of larceny pursuant to section 117 of the Crimes Act 1900, which occurred on 17 December 2016, to a term of imprisonment of 8 months with a non-parole period of 6 months to commence on 6 March 2018. Therefore, in respect of the subject offences for which he is being sentenced, the offender has spent 455 days in custody (1 year, 2 months, 4 weeks and 1 day) in two periods of time, namely 13 May 2015 to 11 September 2015, and between 5 April 2017 and 5 March 2018. 5. Listed with the sentence matters referred to above, was a Severity Appeal brought by the offender in respect of the larceny offence referred to above. 6. The first two offences referred to above were committed whilst the offender was subject to a number of bonds (being eight in total), imposed on 24 November 2014 pursuant to s 9 and s 12 of the Crimes (Sentencing Procedure) Act 1999 ("CSPA"). For the sake of completeness, at the request of the offender, I have directed that those matters be called up before me to be dealt with at the same time that I sentence the offender in respect of the subject offences.