R v Jarrod Smith [2018] NSWDC 208

District Court New South Wales

Medium Neutral Citation: R v Jarrod Smith [2018] NSWDC 208 Hearing dates: Trial: 27 February 2018 – 1 March 2018, 6 March 2018 – 9 March 2018 and 12 March 2018Sentence: 25 May 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1 The Offender is convicted on each count and sentenced by way of an aggregate sentence. 2 The Offender is sentenced to serve an aggregate term of 2 years and 4 months imprisonment to date from 15 January 2018 and to expire on 14 May 2020. 3 The Offender is to serve a non-parole period of 15 months to date from 15 January 2018 and to expire on 14 April 2019. He is thereafter to be released to parole under supervision of Community Corrections to serve an additional term of 13 months to date from 15 April 2019 and to expire on 14 May 2020. The earliest release date is to be 14 April 2019. 4 Although the Offender is now 27 years of age, I would recommend to the Commissioner for Corrective Services that consideration be given to the offender being admitted to the Corrective Services Young Adult Offender's Programme. Catchwords: CRIMINAL LAW – Break and enter a dwelling house with intent to commit a serious indictable offence – Assault occasioning actual bodily harm

SENTENCING – Objective seriousness at lower end of spectrum – no aggravating factors advanced – record of prior convictions not significant – good character not established – remorse not established – low to medium risk of reoffending – good prospects of rehabilitation – special circumstances established Legislation Cited: Crimes Act 1900 (NSW) ss 4, 59(1), 113(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3(1), 21A, 44 Cases Cited: R v De Simoni (1981) 147 CLR 383 R v Huynh [2015] NSWCCA 220 Georgopolous v R [2010] NSWCCA 246 DPP (Cth) v Beattie [2017] NSWCCA 301 Category: Sentence Parties: Regina (Crown) Jarrod Smith (Offender) Representation: Counsel: Ms Y Prowse (Crown) Mr P Godkin (Offender)