District Court
New South Wales
Medium Neutral Citation: R v Hitch [2020] NSWDC 838 Hearing dates: 1/9/20, 2/9/20, 3/9/20, 30/10/20 3/11/20 Date of orders: 3/11/20 Decision date: 03 November 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to imprisonment for 3 years 4 months with a NPP of 2 years (20/10/19-19/10/21).
I find special circumstances.
Seq 1 and 2 on the s166 certificate are withdrawn and dismissed.
Catchwords: Crime – Sentence – Aggravated break and enter and commit serious indictable offence
Legislation Cited: Cases Cited: Mapp v R (2010) 206 A Crim R 497
R v Li (unreported, NSWCCA 9 July 1997)
Category: Sentence Parties: NSW DPP – Crown
Jamie Hitch - OffenderRepresentation: Ms C Hurford for Crown
Mr T Healey for Offender
File Number(s): 2019/2887
sentence
THE OFFENCES
-
Mr Jamie Hitch is for sentence in relation to an offence of breaking and entering the house of Marie Mott and committing in that house a serious indictable offence, namely, intentionally damaging property in circumstances of aggravation in that he knew that there was a person or persons present inside the premises. The maximum penalty for that offence is 20 years' imprisonment and a standard non parole period of five years is prescribed. That maximum and the standard non parole period are, of course, important legislative guideposts to which I must have regard when determining the sentence.
-
The offender pleaded guilty to the charge in circumstances where his trial was listed to commence on 1 September 2020 and, at that stage, involving two charges. However, on that day it was indicated that a plea of guilty would be entered to an amended indictment the next day, and on that next day, 2 September 2020, the offender pleaded guilty to the current indictment containing one count. It is agreed that in those circumstances he is entitled to a discount of 5% by reason of the utilitarian value of his plea of guilty.
FACTS
-
The offence occurred at a house in Erina Place, South Windsor, on 2 January 2019. The residents of that house were Ms Marie Mott and her two sons, Kevin Mitchell and Paul Mitchell. Paul Mitchell was also known as PJ.
-
At about 11.30am that day Kevin Mitchell was in the house when he heard a knock at the door. When he answered the door he saw a woman named Emily Heffernan who was a friend of Kevin's brother, PJ. At that time Emily was in a domestic relationship with the offender, Mr Hitch, and they had been living together in a converted garage on a property in Jamieson Road, Penrith.
-
On that morning of 2 January 2019 Ms Heffernan had been dropped at the house in Erina Place, South Windsor, by her mother after her mother picked her up…
Continue reading R v Hitch
Sign in free to access the full text
- AGLC
- R v Hitch [2020] NSWDC 838
- Case
- [2020] NSWDC 838
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the appropriate sentence to be imposed on the defendant, considering the nature of the offence and the aggravating factors. The court also had to determine whether special circumstances existed to warrant a harsher sentence. Additionally, the court considered the application of the statutory provisions concerning the imposition of a non-parole period and the withdrawal and dismissal of certain items on the s166 certificate.
In delivering the judgment, the court found that the offence was indeed aggravated due to the premeditated nature and the violence involved. The court identified special circumstances which justified a more severe sentence. Consequently, the defendant was convicted and sentenced to a term of imprisonment of three years and four months, with a non-parole period of two years. The court also determined that the special circumstances warranted the withdrawal and dismissal of the items on the s166 certificate. The sentence was backdated to the date of the defendant’s initial detention, and the non-parole period was set to expire on 19 October 2021.
Orders
Orders of the court
Convicted and sentenced to imprisonment for 3 years 4 months with a NPP of 2 years (20/10/19-19/10/21).
I find special circumstances.
Seq 1 and 2 on the s166 certificate are withdrawn and dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.