R v Hitch - [2025] NSWDC 287

District Court

New South Wales

Medium Neutral Citation: R v Hitch [2025] NSWDC 287
Hearing dates: 14/3/25, 20/3/25
Date of orders: 20/3/25
Decision date: 20 March 2025
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 10 months (9/12/23-8/10/25).
I find special circumstances.
Indicative sentences (after a 25 percent discount):
H95008506/4 Aggravated break and enter – 2 years 8 months with a NPP of 18 months (Form 1 taken into account).
H95729176/1 Aggravated break and enter – 2 years 5 months with a NPP of 16 months (Form 1 taken into account).
H95729176/7 Choke – 1 year 8 months.
H95729176/10 Enter dwelling house with intent – 18 months
H95008506/1 Common assault – 3 months
H95729176/5 Contravene ADVO – 4 months.

Catchwords:
Crime – Sentence – Aggravated break and enter – Enter dwelling house with intent – Choke – Common Assault – Contravene ADVO

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
BP v R [2010] NSWCCA 159

Category: Sentence
Parties: NSW DPP – Crown
Kieran Hitch - Offender
Representation: Mr L Dowling for Crown
Ms G Jewison for Offender

File Number(s): 2023/438839, 2023/446388

remarks on sentence

Mr Kieran Hitch is for sentence in relation to a number of offences that I will set out in a moment. In referring to the offences, I will refer to the various H numbers. There are two particular H numbers that are the foundation for the charges. One is H95008506, which I will simply refer to as H number 506, which has various sequences associated with it. And the other H number is H95729176, which, for simplicity, I will just refer to as H number 176, which also has a number of sequences associated with it.
The offences for which the offender is to be sentenced are as follows:

H number 506 sequence 4, which is an offence of aggravated break and enter and commit serious indictable offence, namely intimidation, knowing that there were persons inside the premises. An offence under s 112(2) of the Crimes Act 1900. That carries a maximum penalty of 20 years' imprisonment and a five year standard non-parole period is specified.

H number 176 sequence 1, which is an offence of the same character, and carries the same maximum penalty and standard non parole period.

H number 176 sequence 7, which is an offence of intentionally choke. That is an offence under s 37(1A) of the Crimes Act and carries a

maximum penalty of five years' imprisonment.

H number 176 sequence 10, an offence under s 111(1) of the Crimes Act of entering a dwelling with the intention of intimidating. That carries a maximum penalty of 10 years' imprisonment.

There are also two offences which are to be dealt with on a s 166 certificate under the Criminal Procedure Act 1986 as follows:

H number 506 sequence 1,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Hitch

Details

AGLC: R v Hitch [2025] NSWDC 287
Case: [2025] NSWDC 287
Decision Date: 20 March 2025

CaseChat Overview and Summary

The case of R v Hitch involved a defendant who was convicted of multiple offences, including aggravated break and enter, choking, and entering a dwelling house with intent. The defendant also contravened an Apprehended Domestic Violence Order (ADVO). The matter was heard and determined in the relevant court, which rendered its judgment and sentence. The court was tasked with determining the appropriate sentence for the defendant, taking into account the seriousness of the offences, the presence of any aggravating or mitigating factors, and the need for punishment and deterrence. Additionally, the court had to consider the cumulative effect of the offences on the victims and society.

The court considered the gravity of the offences, the defendant's criminal history, and the need to protect the community. The court found that the offences involved significant violence and a breach of community safety, warranting a substantial sentence. The court also recognised the impact of the offences on the victims and the need to deter the defendant and others from committing similar crimes. The court took into account the discounts for Form 1 pleas where applicable. The court determined that the offences warranted an aggregate sentence of 3 years and 3 months, with a non-parole period of 1 year and 10 months. The court found that special circumstances were present, which justified the severity of the sentence.

The court ordered the defendant to serve an aggregate term of imprisonment of 3 years and 3 months, with a non-parole period of 1 year and 10 months, starting from 9 December 2023 and ending on 8 October 2025. The court also considered the indicative sentences for each offence, taking into account the discounts for Form 1 pleas. The court imposed sentences for each offence, including 2 years and 8 months for the first aggravated break and enter offence, 2 years and 5 months for the second aggravated break and enter offence, 1 year and 8 months for choking, 18 months for entering a dwelling house with intent, 3 months for common assault, and 4 months for contravening an ADVO. The court's orders reflect the seriousness of the offences and the need to protect the community.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 10 months (9/12/23-8/10/25).

I find special circumstances.

Indicative sentences (after a 25 percent discount):

H95008506/4 Aggravated break and enter – 2 years 8 months with a NPP of 18 months (Form 1 taken into account).

H95729176/1 Aggravated break and enter – 2 years 5 months with a NPP of 16 months (Form 1 taken into account).

H95729176/7 Choke – 1 year 8 months.

H95729176/10 Enter dwelling house with intent – 18 months

H95008506/1 Common assault – 3 months

H95729176/5 Contravene ADVO – 4 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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Medium Neutral Citation:	R v Hitch [2025] NSWDC 287
Hearing dates:	14/3/25, 20/3/25
Date of orders:	20/3/25
Decision date:	20 March 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 3 years 3 months with a NPP of 1 year 10 months (9/12/23-8/10/25). I find special circumstances. Indicative sentences (after a 25 percent discount): H95008506/4 Aggravated break and enter – 2 years 8 months with a NPP of 18 months (Form 1 taken into account). H95729176/1 Aggravated break and enter – 2 years 5 months with a NPP of 16 months (Form 1 taken into account). H95729176/7 Choke – 1 year 8 months. H95729176/10 Enter dwelling house with intent – 18 months H95008506/1 Common assault – 3 months H95729176/5 Contravene ADVO – 4 months.
Catchwords:	Crime – Sentence – Aggravated break and enter – Enter dwelling house with intent – Choke – Common Assault – Contravene ADVO
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 BP v R [2010] NSWCCA 159
Category:	Sentence
Parties:	NSW DPP – Crown Kieran Hitch - Offender
Representation:	Mr L Dowling for Crown Ms G Jewison for Offender
File Number(s):	2023/438839, 2023/446388