R v Hakos [2019] NSWDC 151

District Court New South Wales

Medium Neutral Citation: R v Hakos [2019] NSWDC 151 Hearing dates: 22 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is placed on a Community Correction Order for 12 months, subject to the following conditions: 1. The offender must not commit any offence; 2. The offender must appear before a court if called upon; 3. The offender must submit to supervision by a Community Corrections officer; 4. The offender is to participate in rehabilitation program or to receive treatment; 5. The offender must perform 50 hours of community service work; and 6. The offender must report to the Penrith Community Corrections office within seven days. Catchwords: SENTENCING — Subjective considerations on sentence — Mental illness SENTENCING — Penalties — Community Correction Order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 Muldrock v R (2011) 244 CLR 120 R v Anderson [1981] VR 155 Category: Sentence Parties: Regina (Crown) Adrian Hakos (Offender) Representation: Solicitors: Ms McWhirter (Crown) Ms Tawagi (Offender) File Number(s): 2017/00290783

Judgment

HIS HONOUR:

INTRODUCTION 1. Adrian Hakos appears for sentence on one charge of robbery, namely that on 25 September 2017, at Kingswood Railway Station, he robbed Timur Caynullin of a wristwatch valued at $350, contrary to s 94 of the Crimes Act. The maximum penalty is 14 years. A maximum penalty is a yardstick for a sentencing judge to take into account as well as other relevant considerations. A judge should steer by that but not aim for it. He has spent two days in pre-sentence detention.