R v Leary; R v Williams

District Court

New South Wales

Medium Neutral Citation:

R v Leary; R v Williams [2024] NSWDC 554

Hearing dates:

18/9/24

Date of orders:

18/9/24

Decision date:

18 September 2024

Jurisdiction:

Criminal

Before:

Bourke SC DCJ

Decision:

WILLIAMS:

Convicted and sentenced to an aggregate term of imprisonment of 1 years 8 months with a NPP of 13 months (6/10/23-5/11/24). I find special circumstances.

Indicatives (25 percent discount taken into account):

Seq 3 – 1 year 7 months (Form 1 taken into account).

Seq 4 – 10 months.

LEARY:

Convicted and sentenced to a term of imprisonment of 18 months with a NPP of 1 year (18/3/24-17/3/25). I find special circumstances.

Form 1 taken into account.

Catchwords:

Crime – Sentence – Use offensive weapon with intent to intimidate – Assault occasioning actual bodily harm

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Bugmy v The Queen [2013] HCA 37

CDPP v De La Rosa [2010] NSWCCA 194

R v De Simoni [1981] HCA 31

Category:

Sentence

Parties:

NSW DPP – Crown
Cameron Charles Leary – Offender
Eleyah Williams - Offender

Representation:

Ms Hwang for Crown
Mr Voros for Leary
Mr Skinner for Williams

File Number(s):

23/217838, 23/217851

remarks on sentence

1. The offenders, Ms Eleyah Williams and Mr Cameron Leary are before the Court for sentence.

2. Ms Williams, in relation to two offences, firstly an offence of using an offensive weapon with intent to commit an indictable offence of intimidation, that being an offence under s 33B(1)(a) of the Crimes Act 1900, which carries a maximum penalty of 12 years imprisonment. Also, in sentencing for that offence, she asks that I take into account an offence of larceny, which is on a Form 1 document, and I will do that. Secondly, she is to be sentenced for an offence of assault occasioning actual bodily harm under s 59(1) of the Crimes Act, which carries a maximum penalty of five years’ imprisonment.

3. Mr Leary, however, is to be sentenced in relation only to one offence, that being the use of an offensive weapon with intent to commit an indictable offence of intimidation. The maximum penalty for that offence, as I have said, is 12 years’ imprisonment. And he asks that in sentencing him for that offence, I take into account, on a Form 1 document, an offence of larceny, and I will take that course.

4. The maximum penalty for the relevant offences is, of course, an important guidepost in the sentencing exercise, to which I have had appropriate regard.

5. Each of the offenders pleaded guilty at the earliest opportunity, and, therefore, are entitled to and will be given a 25% discount, by reason of the utilitarian value of those pleas of guilty.

FACTS

6. The facts are agreed in each case, and are in summary as follows. The offender, Ms Williams, and Mr Leary, the co-offender, had been in a relationship, and the victim of the offences in this matter was in a relationship with Ms Williams immediately prior…