R v TAYLOR [2019] NSWDC 163

District Court New South Wales

Medium Neutral Citation: R v TAYLOR [2019] NSWDC 163 Hearing dates: 3 May, 16 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced on substantive matter (taking into account matters on Form 1) 3 years 4 months with a non-parole period of 2 years, back up charges released pursuant to s10A of the Crimes (Sentencing Procedure) Act, 1999 Catchwords: CRIMINAL – sentencing – relevant factors on sentence Legislation Cited: Crimes Act, 1900 Criminal Procedure Act, 1986 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: The Attorney General's Application Pursuant to s 37 of the Crimes (Sentencing Procedure) Act No. 1 of 2002 (2002) 56 NSWLR 146 R v Harris [2007] NSWCCA 130 R v Merrin [2007] NSWCCA 255 McGoldrick v R [2012] NSWCCA 7 R v Clifford [2008] NSWCCA 190 R v French [2010] NSWCCA 24 Bugmy v The Queen [2013] HCA 37 Beale v R [2015] NSWCCA 120 Category: Sentence Parties: Director of Public Prosecutions (Crown) Nicholas Kevin TAYLOR (Accused) Representation: Solicitors: Mr A Hanshaw (DPP) Mr N Rump (Aboriginal Legal Service) File Number(s): 2017/377435 Publication restriction: No

Judgment 1. The offender pleaded guilty at the Wagga Wagga Local Court on 20 February 2019 to one count contrary to s 112(2) of the Crimes Act, 1900 namely: That (he) between the 12th day of December 2017 and the 13th day of December 2017 at Wagga Wagga in the State of New South Wales, did break and enter the shop of Andrew Stein situate at Unit 2 of 22 Edward Street, Wagga Wagga, and then in the said shop did commit a serious indictable offence (namely) larceny in circumstances of aggravation, (namely) he used a white Holden Commodore Station Wagon bearing New South Wales registration DDE10K as an offensive weapon to ran through the front doors of the residence whilst in the company of other offenders. 1. The plea of guilty was adhered to at the sentence hearing at the Wagga Wagga District Court on 3 May 2019 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty. 2. The maximum penalty for the offence for which the offender appears for sentence is 20 years imprisonment. Parliament has specified a standard non-parole period of five years imprisonment in respect of the offence. As the matter carries a standard non-parole period I acknowledge that I am engaged in a one-step instinctive process in which two of the principal guideposts are the maximum penalty and the standard non-parole period. 3. The offender asks that when passing sentence in respect of the charge contrary to s 112(2) of the Crimes Act I take into account a total of seven matters set out on a Form 1 document. In passing sentence I will need to apply and give proper effect to the principles enunciated by the Court of Criminal Appeal in The Attorney General's Application Pursuant to s 37 of the Crimes (Sentencing Procedure) Act No. 1 of 2002 otherwise known as the Guideline Judgment on Form 1 matters reported at (2002) 56 NSWLR 146. Some of the matters on the Form 1 are quite minor but some are not. The number and nature of at least some of the matters on the Form 1 document will have some impact on the sentence to be ultimately imposed on the offender. 4. Further the offender appears for sentence in respect of a series of seven regulatory traffic offences attaching to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986. Those matters carry a fine only. I indicated at the sentence hearing that given that a substantial sentence of imprisonment must be imposed in respect of the offence contrary to s 112(2) of the Crimes Act, 1900 I proposed to deal with those matters attaching to the s 166 Certificate by means of s 10A of the Crimes (Sentencing Procedure) Act. I did not understand either counsel to dissent from that proposed course.