R v Dane

[2020] NSWDC 851

District Court

New South Wales

Medium Neutral Citation:

R v Dane [2020] NSWDC 851

Hearing dates:

27 November 2020

Decision date:

27 November 2020

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Aggregate sentence - three years three months - non parole period one year ten months.

Catchwords:

CRIME – Assault occasioning actual bodily harm - aggravated enter dwelling knowing people there - Armed with intent to commit indictable offence – multiple victims

SENTENCING — Relevant factors on sentence — multiple victims - domestic violence offences against former partners - utilitarian value of guilty pleas - former law enforcement officer going into custody -

mental state at the time of the commission of the offence - treatment will be disrupted by custody

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Criminal Procedure Act 1986

Cases Cited:

Jones (1985) 20 A Crim R 142

Munda v Western Australia [2013] HCA 38

R v Burton [2008] NSWCCA 128

R v Edwards (1996) 90 A Crim R 510

The Queen v Kilic [2016] HCA 48; (2016) 259 CLR 256 (2016) 91 ALJR 131

Category:

Sentence

Parties:

Peter John Dane (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr Higgins (for the offender)

Solicitors:
Lenz Legal (for the offender)
Ms K McCosker (for Director of Public Prosecutions)

File Number(s):

2019/00384709; 2019/00385111

SENTENCE – EX TEMPORE REVISED

1. Peter John Dane accepted his guilt in the Local Court to five offences, all committed on 5 December 2019: Two counts of assault occasioning actual bodily harm, s 59(1) Crimes Act 1900 maximum penalty five years imprisonment; one count of aggravated enter dwelling knowing people were there, s 111(2) Crimes Act 1900, maximum penalty 14 years imprisonment; two matters which are before the Court on a s 166 Criminal Procedure Act 1986 certificate, destroy or damage property, s 195(1) Crimes Act 1900, maximum penalty Local Court two years; and one count of armed commit indictable offence, s 114(1)(a) Crimes Act 1900, maximum penalty if dealt with in the Local Court, two years imprisonment.

2. Dane was arrested for the offending on 6 December 2019. He has been on bail until today.

3. His pleas of guilty in the Local Court require that each individual sentence be reduced by 25% to recognise the utilitarian value of those guilty pleas, s 25D Crimes (Sentencing Procedure) Act 1999. The pleas have other value as they meant that witnesses would not be needed to be called at trial.

4. Because there are a number of matters before me and because I intend to impose an aggregate sentence, care will be taken in that the process of accumulation does not erode the benefit occasioned for the utilitarian value of each individual plea.

5. Although he has been before a court once before I do not take that matter into account. He was until 5 December 2019, was a person of good character. His occupation required he be of good character. He has, subsequently to his plea of guilty, resigned from that…