R v Keighran [2018] NSWDC 536

District Court New South Wales

Medium Neutral Citation: R v Keighran [2018] NSWDC 536 Hearing dates: 26 March 2018 Date of orders: 03 April 2018 Decision date: 03 April 2018 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Accused sentenced to 2 years and 7 months imprisonment. Non-parole period of 1 year and 8 months. Catchwords: CRIME — Property offences — Destroying or damaging property SENTENCING — Subjective considerations on sentence — Extra curial punishment CRIME — Complicity — Joint criminal enterprise SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Aggravating factors — Breach of conditional liberty Legislation Cited: Crimes Act 1900 (NSW), s 195 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: R v Harmouche (2015) 158 A Crim R 357 Jehad Jodeh v R (2011) NSWCCA 194 Hampton v R [2014] NSWCCA 13 Muldrock v R (2011) 244 CLR 120 Category: Sentence Parties: Crown Scott Stephen Keighran (Accused) Representation: Counsel: Mr V Constantino (Crown) Mr S Buchen S.C. (Accused)

Solicitors: Ms R Trinnie (Crown) Mr Jamison (Accused) File Number(s): 2016/220377

Judgment 1. HIS HONOUR: The offender pleaded guilty in the Local Court and adhered to that plea before me to an offence that, while in company, on 10 June 2016 at Emu Plains he damaged by fire the O'Donoghue's Irish hotel at 99 Great Western Highway, Emu Plains. A moment ago he was arraigned on an indictment because, as the transcript will reveal, over the course of the adjournment from last week I had cause to consider that perhaps the charge that had been laid in the Local Court was technically deficient. Of course, he should be taken to have entered his plea to that charge in the Local Court. 2. The relevant offence is an offence under s 195 subs 1A subpara (b) of the Crimes Act and has a maximum penalty of 11 years imprisonment. There is no applicable standard non-parole period.