R v Connell

[2019] NSWDC 386

District Court

New South Wales

Medium Neutral Citation:	R v Connell [2019] NSWDC 386
Hearing dates:	19 June 2019
Date of orders:	19 June 2019
Decision date:	19 June 2019
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	A term of imprisonment of six years, six months, with a non-parole period of three years, three months: at [25].
Catchwords:	SENTENCING — Mitigating factors — Plea of guilty — Rehabilitation — Remorse SENTENCING — Penalties — Imprisonment SENTENCING — Probation and parole — Offence committed whilst on parole SENTENCING — Subjective considerations on sentence — Special circumstances SENTENCING — Relevant factors on sentence — Form 1 offences— Purposes of sentencing — Multiple offences — Accumulation, concurrency and totality — Crushing sentence
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Pearce v The Queen (1998) 194 CLR 610 R v Eldridge and Ors [2012] NSWDC 231 R v Ponfield (1999) 48 NSWLR 327 R v XX (2009) 195 A Crim R 38
Texts Cited:	Nil
Category:	Sentence
Parties:	Regina (Crown)   Craig Connell (Offender)
Representation:	Mr Woods (Crown)   Mr Connell, self-represented (Offender)
File Number(s):	2017/140453

Judgment

1. Craig Connell, who was born in 1967, and is nearly 52 years of age, appears for sentence today having pleaded guilty to five counts of breaking, entering and stealing under s 112 of the Crimes Act 1900, which each carry a maximum penalty of fourteen years imprisonment with no standard non-parole period.

2. I have to take into account the purposes of sentencing set out in s 3A of the Crimes (Sentencing Procedure) Act 1999, which include punishment, denunciation, rehabilitation and recognising the harm done to the victims of the crime and the community.

3. I must not impose a sentence of imprisonment unless there is no other alternative, but Mr Connell who appears unrepresented today, concedes that it is necessary to impose a term of imprisonment so it is unnecessary for me to consider any alternatives.

4. There are two matters to be dealt with on a Form 1 in attached to count three. They will be dealt with in the way suggested by the Chief Justice in the guideline judgment on Form 1 matters. The Form 1 matters include; count six, disposing of property stolen outside New South Wales, which carries a maximum penalty of ten years imprisonment and an ex-officio count of threatening injury or detriment to a witness, which also carries a maximum penalty of ten years imprisonment.

5. He has been in custody since his arrest on 10 May 2017, but he was serving a non-parole period for unrelated offences and another sentence. He has been in custody on this matter only since 27 March 2018. It is clear that I have discretion as to the commencement date of the term of imprisonment. During the course of submissions, I indicated to the Crown Prosecutor and to Mr Connell that I propose to commence the term on 1 November 2017 and there was no argument from either party as to that starting…