R v Cormack [2020] NSWDC 128

District Court New South Wales

Medium Neutral Citation: R v Cormack [2020] NSWDC 128 Hearing dates: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of three years and seven months. Non-parole period of one year and seven months Catchwords: SENTENCING – Multiple offences - assault with intent to take motor vehicle - aggravated enter with intent - intimidation - Form 1 matters - s 166 Criminal Procedure Act matters.

SENTENCING – relevant factors on sentence – late guilty plea - - Form 1 - bizarre but intimidatory behaviour by the offender towards victim - offender not himself - offender's mental condition - drug use - considerable help needed to adjust to normal community life - special circumstances - accumulation on other sentences - need to preserve ratio between total effective sentence and total non-parole period - no need for rigid percentage deductions when reducing sentences for guilty plea Legislation Cited: Crime (Sentencing Procedure) Act 1999 Crimes Act 1900 Crimes (Domestic and Personal Violence) 2007 Criminal Procedure Act 1986 Cases Cited: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 R v Jason Cormack, unreported NSWDC, 4 May 2018, Haesler SC DCJ Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Jason Scott Cormack (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender)