R v Simmons [2019] NSWDC 520

District Court New South Wales

Medium Neutral Citation: R v Simmons [2019] NSWDC 520 Hearing dates: 02, 03 September 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: An aggregate term of imprisonment for a period of three years which is to commence on 7 June 2019 and expire on 6 June 2022. The non-parole period is 22 months and it is to commence on 7 June 2019 and will expire on 5 April 2021. Catchwords: CRIME — Property offences — Break, enter and Steal Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Firearms Act 1996 Cases Cited: Book v R [2018] NSWCCA 58 R v Ponfield [1999] NSWLR 327 Category: Sentence Parties: Regina (Crown) Raymond Simmons (Offender) Representation: Counsel: Brown (Crown) A Hallas (Offender)

File Number(s): 2014/00185745; 2015/00312242; 2018/00181008

Judgment

INTRODUCTION 1. On 17 November 2016 the offender, Raymond Simmons, appeared before Hanley SC DCJ for sentence. He had pleaded guilty to the following offences: 1. Reckless wounding pursuant to s 35(4) of the Crimes Act which has a maximum penalty of seven years imprisonment and specifies a standard non parole period of three years. 2. Carry a firearm in a dangerous manner pursuant to s 93G(1)(c) of the Crimes Act with a maximum penalty of ten years imprisonment and there is no standard non-parole period applicable. 3. Possess a prohibited firearm pursuant to s 7(1) of the Firearms Act which has a maximum period of 14 years imprisonment and a standard non parole period of four years. 1. In addition to those matters he appeared before Hanley SC DCJ in relation to a breach of a s 9 bond imposed by Acting Judge Delaney on 21 August 2013, when he appealed against the severity of a sentence imposed at the Windsor Local Court on 16 July 2015, being a s 12 suspended sentence for 12 months in relation to a break and enter of a dwelling house on 23 June 2016. His Honour imposed the following sentences: 1. Reckless wounding; 18 months imprisonment suspended. 2. Carry a firearm; 18 months imprisonment suspended. 3. Possess prohibited firearm; fixed term of imprisonment dating from 23 October 2015 and expiring on 18 December 2015. The sentence has been served. 1. His Honour was satisfied that the breach had been made out of the s 9 bond, his Honour set aside the bond and sentenced the offender to 18 months imprisonment which was suspended. All of the suspended sentences were made concurrent, they were due to expire on 16 May 2018. 2. The offender comes before me for sentence for three offences which were committed on 11 April 2018, 13 April 2018 and 16 April 2018. Those offences breached the suspended sentences. Mr Hallas who appeared for the offender admitted the breach. 3. I propose to resentence the offender in relation to the suspended sentences that were imposed by his Honour, Judge Hanley SC. The offender has pleaded guilty to the following charges: 1. Aggravated break enter and steal contrary to s 112(2) of the Crimes Act 1900 with a maximum penalty of 20 years and a standard non parole period of five years. 2. Attempt to dispose of stolen property, sequence 2, contrary to s 188(1) of the Crimes Act with a maximum penalty of ten years. 3. Attempt to dispose of stolen property contrary to s 188(1) of the Crimes Act, maximum penalty ten years. 1. The offender has asked me to take into account one matter on a form 1, namely person previously convicted of an indictable offence commit further indictable offence contrary to s 115 of the Crimes Act which carries a maximum penalty of ten years. I do take that matter into account and have signed a form 1. 2. The maximum penalties and the standard non parole period are important guideposts in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it. The accused has been in custody since 7 June 2019. The Crown accepts that that date is an appropriate sentence commencement date even though the offender was sentenced to two months imprisonment in the Local Court for goods in custody on 6 August 2019 which was backdated to 7 June 2019.