R v Ann Lakiss [2018] NSWDC 309

District Court New South Wales

Medium Neutral Citation: R v Ann Lakiss [2018] NSWDC 309 Hearing dates: 17 October 2018 Decision date: 26 October 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Community Correction Orders imposed. For orders see [69] Catchwords: Stalk or intimidate causing fear; use carriage service to menace/harass/offend Legislation Cited: Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Cases Cited: R v Nelson [2016] NSWCCA 130 Category: Sentence Parties: Director of Public Prosecutions (Crown) Ann Lakiss (Offender) Representation: Counsel: G Jauncey (Offender)

Solicitors: A Pinkerton (Crown) File Number(s): 15/132882 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in relation to the following two offences: 1. Stalk or intimidate intending to cause fear of physical or mental harm (personal violence offence) pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 ("CDPVA"). The maximum penalty is 5 years imprisonment and/or 50 penalty units. 1. Use carriage service to menace/harass/offend pursuant to s 474.17(1) of the Criminal Code Act 1995 (Cth) ("the CCA"). The maximum penalty proscribed is 3 years imprisonment. 1. There is no Standard Non-Parole Period proscribed for either offence. 2. The offender has also asked to be taken into account the purposes of s 16BA of the Crimes Act 1914 (Cth), a further offence of use carriage service to menace pursuant to s 474.17(1) of the CCA. She has admitted her guilt in respect of that matter. 3. The offences occurred on 4 May 2015. 4. At the time of the offending, the offender, who was born on 16 October 1995, and therefore 19 years of age, was subject to a s 12 bond for a period of 18 months. She was therefore on conditional liberty at the time of the offence. She was arrested on 5 May 2015 and spent a period of time in custody on call up for the breach of her bond. It is common ground that she has served 52 days in custody in respect of the subject offences. 5. Whilst on bail for the subject offence, the offender committed two further offences as follows: 5 February 2016 – possess prohibited drug. Fined $330 on 17 March 2016 at the Downing Centre Local Court. 30 November 2017 – shoplifting. Fined $330 on 16 January 2018 at the Downing Centre Local Court.