R v Williams [2018] NSWDC 526

District Court New South Wales

Medium Neutral Citation: R v Williams [2018] NSWDC 526 Hearing dates: 18 June 2018 Date of orders: 21 June 2018 Decision date: 21 June 2018 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraphs [86] to [90] Catchwords: CRIME — Violent offences — Assault with intent to rob — circumstances of aggravation — armed with offensive weapon CRIME — Property offences — Take and drive a conveyance SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Aggravating factors — Home of victim or any other person — temporary accommodation — Subjective considerations on sentence — young offender — Relevant factors on sentence — Multiple offences — Accumulation, concurrency and totality Legislation Cited: Crimes (Sentencing Procedure) Act Cases Cited: BP v R [2010] NSWCCA 159 Bugmy v R (2013) 249 CR 571 Bullock v R [2016] NSWCCA Johnson [2016] NSWCCA 286 White v R [2016] NSWCCA 190 Category: Sentence Parties: Kevin John Williams (Offender) Director of Public Prosecutions (Crown) Representation: Counsel:

Solicitors: E Brown (Crown) J Wilcox (Offender File Number(s): 2017/217570

SENTENCE 1. HIS HONOUR: The offender pleaded guilty in the Local Court and adhered to those pleas before me to the following two offences: that on 27 June 2017 at Griffith he broke and entered the Shearers' Quarters Backpackers' common room situated at Scenic Drive, Griffith, and assaulted Conor Britain with intent to rob in circumstances of aggravation being armed with an offensive weapon. 2. That is an offence under s 112(2) of the Crimes Act and has a maximum penalty of 20 years imprisonment and a standard non-parole period of five years. 3. There is a second offence that at the same time and place he, without the consent of Frank Pesigne the owner of a conveyance being a 1991 Holden Jackeroo four-wheel drive, took and drove the conveyance. That is an offence under s 154A(1)(a) of the Crimes Act. It has a maximum penalty of five years imprisonment and there is no standard non-parole period. 4. The offender asks that when sentencing him on the aggravated break and enter offence that I take into account his acknowledged guilt in relation to a larceny offence which is on a form 1.