District Court
New South Wales
Medium Neutral Citation: R v Hill [2021] NSWDC 333 Hearing dates: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 6 years with a non-parole period of 3 years 6 months.
Catchwords: CRIME – Break, Enter & Steal - Attempt Break & Enter- multiple offences
SENTENCING - Relevant factors on sentence – on parole for similar offences - long criminal history- never lived a normal community life - institutionalised offender- application of guideline judgement -accumulation and concurrence – need for structured release to the community
Legislation Cited: Crimes Act 1900
Criminal ProcedureAct1986
Cases Cited: Attorney General's Application No 1 [2002] 56 NSWLR 146
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Cahyadi v Regina [2007] NSWCCA 1
Markarianv The Queen (2005) 228 CLR 357
Ponfield v R [1999] NSWCCA 435; 48 NSWLR 327
Postiglione v The Queen (1997) 189 CLR 295
RvJDX; JDX v R [2017] NSWCCA 9
R v Knight (2005) 155 A Crim R 252
R v M.A.K. & R v M.S.K. [2006] NSWCCA 381
Category: Sentence Parties: Nathan Troy Hill (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr E Anderson (for the offender)
Morrisons Law (for the offender)
Mr L McGonigal (for the Director of Public Prosecutions)
File Number(s): 2020/00192410
SEntence
Introduction
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Nathan Troy Hill entered a plea of guilty in the Local Court to five counts of Break, Enter & Steal and one count of Attempt Break & Enter: s.112(1) of the Crimes Act 1900 - maximum penalty 14 years imprisonment. He is for sentence today.
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He asks that I take into account seven offences on Criminal Procedure Act 1986 Forms 1 when I sentence him for sequences 3 and 12. They involve a further five Attempt Break & Enter charges; one Break & Enter charge and one Deal with Property reasonably suspected of being Proceeds of Crime charge: maximum penalty of three years imprisonment.
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The guilty pleas were all entered in the Local Court and adhered to today. A reduction of 25% of the otherwise appropriate sentence is required to reflect the utilitarian value of those guilty pleas: s25D(2)(a) Crimes (Sentencing Procedure) Act 1999.
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Hill was arrested on the 29 June 2020. He has been in custody ever since. At the time of the commission of these offences he was on parole following a sentence imposed by me at Wollongong District Court on 27 August 2018: R v Hill, unreported NSWDC 27/8/2018. He had been released to parole on 24 February 2021. His parole has been revoked.
Facts for sentence
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There were seven offences…
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- AGLC
- R v Hill [2021] NSWDC 333
- Case
- [2021] NSWDC 333
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for Hill's offences, taking into account his criminal history and the nature of the attempted break and enter charges. The legal issues revolved around whether the existing sentencing guidelines could be applied to Hill's situation and whether a custodial sentence was necessary or if an alternative, such as a structured release program, would be more effective. The court had to weigh the need for public protection against Hill's prospects for rehabilitation and reintegration into society.
In delivering the judgment, the court acknowledged Hill's extensive criminal history and his lack of successful reintegration into the community. Despite this, the court found that a custodial sentence was necessary to adequately address the public safety concerns arising from Hill's criminal behaviour. The court determined that a structured release program, while potentially beneficial, was not a sufficient alternative to incarceration in this instance. The court imposed an aggregate sentence of six years with a non-parole period of three years and six months. This decision aimed to balance the need for punishment and deterrence with the potential for rehabilitation and future community safety.
Orders
Orders of the court
Aggregate sentence of 6 years with a non-parole period of 3 years 6 months.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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