R v McGaw

[2022] NSWDC 101

District Court

New South Wales

Medium Neutral Citation:

R v McGaw [2022] NSWDC 101

Hearing dates:

11 March 2022

Date of orders:

11 March 2022

Decision date:

11 March 2022

Jurisdiction:

Criminal

Before:

Haesler DCJ

Decision:

Full time custodial order to be served by way of an intensive correctional order. For orders see [34].

Catchwords:

CRIME – Aggravated enter dwelling with intent, knowing people there - Common assault

SENTENCING - Relevant factors on sentence – early plea – failed attempt to regain stolen property by intimidation – in company – in victim’s home - offender of prior good character- purposes of sentencing discussed -

Legislation Cited:

Crimes Act1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Abel v R [2020] NSWCCA 82

Category:

Sentence

Parties:

Dean Alan McGaw (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr E Anderson (for the offender)

Solicitors:
Morrisons Law (for the offender)
(Mr L McGonigal (for Director of Public Prosecutions)

File Number(s):

2021/00015996

SENTENCE – EX TEMPORE REVISED

Introduction

1. Dean McGaw has accepted responsibility and is to be sentenced today for two serious offences. The first, aggravated enter a dwelling with intent to commit an indictable offence, namely intimidation, the aggravation circumstances knowing people were there; an offence pursuant to s 111(2) Crimes Act1900 carries a maximum penalty of 14 years imprisonment. He also pleaded guilty to common assault, s 61 Crimes Act 1900. It carries a maximum penalty of two years.

2. McGaw asked that when I sentence him for the aggravated enter dwelling offence that I take into account on a Crimes (Sentencing Procedure) Act 1999, Form 1, an offence of occasioning actual bodily harm in company: s 59(2) Crimes Act. I will take that matter into account when I come to fix an appropriate sentence for the aggravated enter dwelling offence. It forms part of the general matrix of everything that happened on the evening in question. I do not impose a sentence for that offence, but it does require some additional weight to be given to specific deterrence and community protection and a very modest increase in the sentence for the aggravated enter dwelling offence, primarily because a separate victim was involved.

Plea

3. Because McGaw pleaded guilty in the Local Court, I will reduce the otherwise indicated sentences by 25% to recognise the utilitarian value of his plea of guilty: s 25D Crimes (Sentencing Procedure) Act. The plea also shows acceptance of responsibility. It is a measure of the man who, despite having some matters on his record from many years ago, I will treat as a first offender. He appears to be an otherwise upstanding member of the community, who has provided community service to local sporting clubs, I presume, in a voluntary capacity.

4. When crimes are committed against people it can cause a visceral; a gut, reaction. When you have saved hard to purchase something that is special to you and your family and someone turns up and helps themselves to it, victims can feel…