R v Dillon; R v Rivera [2019] NSWSC 1750

Supreme Court New South Wales

Medium Neutral Citation: R v Dillon; R v Rivera [2019] NSWSC 1750 Hearing dates: 6 December 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1) Joshua Dillon you are convicted of affray occurring on 18 July 2016. For this offence I sentence you to a term of imprisonment of 3 years duration, having a non-parole period of 2 years, commencing on 30 October 2017 and expiring on 29 October 2019, with an additional term of 1 year commencing on 30 October 2019 and expiring on 29 October 2020. (2) On this sentence under s 158 Crimes (Administration of Sentences) Act 1999 (NSW) you became eligible for release on parole on 29 October 2019. (3) I direct that you report to Community Corrections about your parole by 11 December 2019. (4) James Rivera you are convicted of affray occurring on 18 July 2016 and sentenced to a fixed term of imprisonment of 6 months, commencing on 18 July 2016 and expiring on 17 January 2017. Catchwords: Crime – Sentencing – affray – no question of principle Legislation Cited: Crimes (Sentencing Procedure Act) 1999 Sentencing Act ss 3A; 24 Cases Cited: Stevens v R [2007] NSWCCA 152 Khanwaiz v R [2012] NSWCCA 168 R v Daetz; R v Wilson [2003] NSWCCA 216; R v Colgan [1999] NSWCCA 292 Category: Sentence Parties: Crown Joshua Dillon James Rivera Representation: Counsel: Neil Adams (Crown) Luke Brasch (for the accused, Dillon) A Francis (for the accused, Rivera) Solicitors: Solicitor for Public Prosecution (Crown) Rivera Legal (for the accused, Dillon) Elie Rahme & Associates (for the accused, Rivera) File Number(s): 2016/2174352016/217438 Publication restriction: In the interest of the administration of criminal justice, judgment not to be published until the completion of the trial arising out of the murder of Brayden Dillon - Non Publication Order revoked 14 August 2020