R v Hasselberg

[2023] NSWDC 601

District Court

New South Wales

Medium Neutral Citation:

R v Hasselberg [2023] NSWDC 601

Hearing dates:

3 November 2022

Date of orders:

15 November 2023

Decision date:

15 November 2023

Jurisdiction:

Criminal

Before:

Scotting DCJ

Decision:

1   Taine Hasselberg is convicted.

2   After taking into account the discount for the plea of guilty and 3 months of presentence custody, I impose a term of imprisonment of 2 years.

3 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (3 November 2023) and expire on 2 November 2025.

4   The offender must report to the Leichhardt Community Corrections Office on or before 4pm on 10 November 2023 The standard conditions of the order apply:

(a)   the offender must not commit any offence; and

(b)   the offender must submit to supervision by a Community Corrections Officer.

5   The following additional conditions apply:

(a)   the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner;

(b)   the offender must receive treatment for his mental health as reasonably directed by Community Corrections;

(c)   the offender must receive treatment for drug rehabilitation as reasonably directed by Community Corrections; and

(d)   the offender must complete 200 hours of community service work.

Catchwords:

CRIME — Violent offences — Armed robbery — Offensive weapon

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Legge v The Queen [2007] NSWCCA 244

Muldrock v R (2011) 244 CLR 120

R v Henry (1999) 46 NSWLR 346

R v Olbrich (1999) 199 CLR 270

R v Zamagias [2002] NSWCA 17

Category:

Sentence

Parties:

Regina (Crown)
Taine Hasselberg (Offender)

Representation:

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid of NSW (Offender)

File Number(s):

2022/105768

Publication restriction:

None

JUDGMENT

Introduction

1. Taine Hasselberg (the offender) appears for sentence after pleading guilty in the Local Court to an offence of robbery armed with an offensive weapon, contrary to section 97(1) Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment.

Approach to Sentencing

2. To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).

3. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.

4. The offender entered a plea of guilty in the Local Court and are entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

Procedural History

5. When the matter was first listed for sentence in November 2022, I deferred sentencing for 12 months pursuant to s 11 Crimes…