R v Jacimoski

[2022] NSWDC 550

District Court

New South Wales

Medium Neutral Citation:

R v Jacimoski [2022] NSWDC 550

Hearing dates:

26 October 2022

Date of orders:

11 November 2022

Decision date:

11 November 2022

Jurisdiction:

Criminal

Before:

Wass SC DCJ

Decision:

The offender is convicted of using an offensive weapon in company with intent to commit intimidation.

The offender is sentenced to 16 months imprisonment to be served by an Intensive Corrections Order.

Given the 47 days that the offender has already spent in full time custody, the order will be for a period of 15 months, commencing on 11 November 2022, and expiring on 10 February 2024.

Catchwords:

SENTENCING — Penalties — Intensive Correction Orders

CRIME — Firearms offences — Unauthorised use/possession of firearm

Legislation Cited:

Crimes (Sentencing Procedure Act) 1999 (NSW)

Cases Cited:

Regina v Zamagias [2002] NSWCCA 17

Stanley v Director of Public Prosecutions(NSW) [2021] NSWCA 337

Category:

Sentence

Parties:

Rex (ODPP)
Phillip Jacimoski (Offender)

Representation:

Counsel:
Ms Rogers (Crown)
Ms Levick (Defence)

Solicitors:
Ms Rogers (ODPP)
Mr Dikha (Defence)

File Number(s):

2020/00148421

Publication restriction:

NIL

JUDGMENT

Introduction

1. The offender has pleaded guilty to using an offensive weapon in company with intent to commit the indictable offence of intimidation.

2. The maximum penalty of 15 years imprisonment is an important legislative guidepost.

3. The offender entered a plea of not guilty in the Local Court and was committed for trial. Prior to committal, the offender had rejected an offer made by the Crown. The matter was listed in the Super Call Over before her Honour Judge Yehia SC, as her Honour was then, in June and July 2021. The matter did not resolve. The offender entered a plea of guilty before Judge Yehia on 19 May 2022.

4. There is to be a 10% discount given for the utilitarian value of the plea.

Material

5. I have had regard to the materials tendered on sentence and the submissions made including:

1. The matters in the Crown sentencing bundle; including the statement of facts and the offender’s record;

2. The Sentencing Assessment Report (City Community Corrections) dated 11 October 2022;

3. The reports of Dr Stephen Allnutt and Dr Ellis Rodriguez;

4. The character reference letters provided by the offender’s mother and father, a close friend and a youth worker;

5. The offender’s drug screening tests which detected no drug use;

6. The offender’s enrolment in September 2022 in a marketing course through Open Universities Australia; and

7. The offender’s letter to the Court.

Facts

6. I note the facts through reference.

Objective Seriousness

7. The objective seriousness of the offending is informed by the following matters:

1. The offender was in company. This is already accounted for in the maximum penalty and will not be double counted. The offence took place with only one other person;

2. The offending took place in the victim’s home with the intimidation being not only by the use of the weapon but with force being applied;

3. The offender was holding the gun. He was trying to put some small bullets into it. It was not previously loaded;

4. Fearing for…