R v Raymond William Oxby [2018] NSWDC 272

District Court New South Wales

Medium Neutral Citation: R v Raymond William Oxby [2018] NSWDC 272 Hearing dates: 12 July 2018 Decision date: 26 September 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [44] Catchwords: Break and enter dwelling house commit serious indictable offence, multiple offences, serial offender; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug (Misuse and Trafficking) Act 1985. Category: Sentence Parties: Director of Public Prosecutions (Crown) Raymond William Oxby (Offender) Representation: Counsel: J Hutchinson (Offender)

Solicitors: W Sit (Crown) File Number(s): 17/7309717/106653 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of four offences of break and enter dwelling house or building commit serious indictable offence, pursuant to s 112(1)(a) of the Crimes Act 1900. The offences are as follows: H 64060264/1 committed on 14 February 2017 H 65519333/1 committed on 12 March 2017 H 66271216/3 committed on 6 April 2017 H 66271216/10 committed on 7 April 2017 1. The maximum penalty for each offence is 14 years imprisonment. There is no Standard Non-Parole Period proscribed. The offender entered early pleas of guilty to all four charges. 2. The offender has asked to be taken into account two matters on a Form 1 attaching to H 66271216/10, Sequence 7 – possess prohibited drug pursuant to s 10(1) of the Drug (Misuse and Trafficking) Act 1985. The maximum penalty is 2 years imprisonment and/or 20 penalty units. Sequence 11 – receiving stolen property where a serious indictable offence pursuant to s 188(1) of the Crimes Act 1900. The maximum penalty is 10 years imprisonment and there is no Standard Non-Parole Period. The offender has admitted his guilt in relation to both matters on the Form 1. 1. The offender was arrested on 7 April 2017. The offences occurred whilst he was on parole, and his parole was revoked on 31 March 2017. The balance of his parole was served from 8 April 2017 until 5 July 2017, a period of two months and 28 days. He has therefore been in custody on remand awaiting sentence in respect of the subject matters, from 6 July 2017.