R v Corey Smith [2018] NSWDC 501

District Court New South Wales

Medium Neutral Citation: R v Corey Smith [2018] NSWDC 501 Hearing dates: 19 September 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: At [115] Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Athos v R [2013] NSWCCA 205 Conte v R [2018] NSWCCA 209 Pearce v R (1998) 72 ALJR 1416 R v Farrell [2014] NSWCCA 30 R v McNaughton (2006) 66 NSWLR 566 R v Ponfield (1999) 48 NSWLR 327 Category: Sentence Parties: Regina (Crown) Corey Smith (Offender) Representation: Solicitors: ODPP (Crown) Aboriginal Legal Service (Offender) File Number(s): 2017/163281, 2017/202655 Publication restriction: None

Remarks on Sentence

Introduction 1. The Offender appears before the Court today for sentencing after pleading guilty to the charges on the two Crown Sentence Summaries (Exhibits A and B). 2. The first charge for which the Offender is to be sentenced is that on or about 25 April 2016 at Melrose Park in the State of New South Wales the Offender did break and enter the dwelling house of Michael Sheekey situated at 90 Cobham Avenue, Melrose Park and then in the said dwelling house did commit a serious indictable offence, namely, commit larceny in circumstances of aggravation, the aggravation being that he knew there were persons present within the said dwelling house, in breach of s112(2) of the Crimes Act. That charge is herein after referred to as the '2016 offending'. 3. In relation to the 2016 offending I note that there were a number of charges. The principal charge, which I have just referred to, is sequence 13 in respect of H64742459. There are, in addition, two charges on a Form 1 being sequences 2 and 3, namely, take and drive a conveyance and dishonestly obtain property by deception. They are matters for which the Offender has admitted guilt and requested the Court to take into account in respect of the sentence on the primary charge. I have signed the certificate attached to the Form 1 confirming that the Court has done so. 4. The second charge for which the Offender is to be sentenced is found on the Crown sentence summary Exhibit B. That is, that between 3.33pm and 5pm on 3 July 2017 at Emerton in the State of New South Wales the Offender did possess a prohibited firearm, namely, a .177 calibre rifle, not being authorised to do so by a licence or permit in breach of s7(1) of Firearms Act, being sequence 22 of the 2017 offending. 5. The third charge for sentence is that between the same time on the same day at the same location the Offender did possess a prohibited firearm, being a .22 calibre rifle, not being authorised to do so by a licence or permit, again in breach of s7(1) of the Firearms Act, being sequence 23 of the 2017 offending. 6. Again clarification is required in relation to the various charges in respect of the 2017 offending. The principal charges as stated relate to sequences 22 and 23 which I have already referred to. There is a s166 certificate behind tab 3 in Exhibit B which refers to related offences which consist of sequences 1, 12, 16, 17, 18, 19, 20 and 21. I understand that that version of the s166 certificate which is dated 21 June 2018 has been amended by agreement such that sequences 1, 12, 19 and 21 are now on a Form 1 relating to sequence charge 23 and that sequences 18 and 20 are also on a Form 1 attaching to sequence 22 previously referred to. 7. That leaves on the s166 certificate, sequences 16 and 17 as related offences for which the Offender will be sentence and in respect of which he has pleaded guilty. In respect of the matters on the Form 1 the Offender has admitted his guilt.