R v Kertz [2019] NSWDC 561

District Court New South Wales

Medium Neutral Citation: R v Kertz [2019] NSWDC 561 Hearing dates: 23 May 2019 Date of orders: 30 May 2019 Decision date: 30 May 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate term of imprisonment of one year and ten months commencing on 23 May 2018 and expiring on 22 March 2020 with an aggregate non-parole period of one year and four months, expiring on 22 September 2019. Catchwords: CRIME — Possess prohibited weapon CRIME — Violent offences — Detain for advantage SENTENCING — Penalties — Aggregate term of imprisonment Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Weapons Prohibition Act 1998 Category: Sentence Parties: Director of Public Prosecutions (Crown) Harold Kertz (Offender) Representation: Counsel: N Keay (Crown)

Solicitors: Townsend (Offender) File Number(s): 2018/161770 Publication restriction: Statutory non-publication order of identity of complainant

SENTENCE 1. HIS HONOUR: The offender is to be sentenced in relation to two offences. One is an offence of possession of a prohibited weapon under s 7(1) of the Weapons Prohibition Act, which occurred on 19 May 2018. The weapon was a pair of handcuffs, and is an offence to which the offender had entered a plea of guilty in the Local Court. The offence has a maximum penalty of 14 years' imprisonment, and there is an applicable standard non‑parole period of five years. 2. The second offence is an offence which I found the offender guilty of after a judge alone trial, being an offence that on 19 May 2018 in Gundaroo he detained KF without her consent, with the intention of obtaining an advantage; namely, sexual gratification. That is an offence under s 86(1) of the Crimes Act, and has a maximum penalty of 14 years' imprisonment, and there is no applicable standard non‑parole period.