R v Tapine [2018] NSWDC 457

District Court New South Wales

Medium Neutral Citation: R v Tapine [2018] NSWDC 457 Hearing dates: 17 August 2018 Decision date: 24 August 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted on each count. Indicative sentences: Count 2 – AOABH - 6 months Count 1 – AOABH - 2 years Count 3 – Break and enter and commit serious indictable offence – 3 years with a NPP of 1 year and 6 months (Special circumstances found – need for anger management and alcohol consumption counselling and/or treatment, and assistance with returning to a law-abiding life in the community) Aggregate sentence: Sentenced to a term of imprisonment for 3 years and 6 months, comprising of a NPP of 2 years to commence on 20 May 2018 and to expire on 19 May 2020, and a balance of term of 1 year and 6 months to commence on 20 May 2020 and to expire on 19 November 2021. Backup charges SEQ 3 & 6 are withdrawn and dismissed. Back up charge SEQ 1 – s10A conviction, no further action taken Catchwords: CRIMINAL – sentence – violent offences - assault occasioning actual bodily harm – break, enter and commit serious indictable offence, use unlawful violence - conduct that would cause a person of reasonable firmness present at the scene to fear for his personal safety - aggravated - people there – common assault – fail to leave licensed premises - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act Category: Sentence Parties: Regina Corey Tapine Representation: Counsel: Defence: Mr D Brakell