R v Mills; R v Smiroldo

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Mills; R v Smiroldo [2020] NSWDC 919

Hearing dates:

6 November 2020

Date of orders:

9 November 2020

Decision date:

09 November 2020

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Mills:

Sentenced to a term of imprisonment of 3 years and 6 months with a non-parole period of 2 years

Smiroldo:

Sentenced to a term of imprisonment of 3 years with a non-parole period of 18 months

Catchwords:

CRIME — Property offences — Break, enter and commit serious indictable offence

CRIME — Violent offences — Stalking or intimidation — Circumstances of aggravation — Offensive weapon

Legislation Cited:

Crimes Act 1900 (NSW) s 112 subs (3)

Firearms Act 1996 (NSW)

Crimes (Sentencing Procedure) Act1999 (NSW), ss 21A, 3A

Cases Cited:

Bullock v R [2016] NSWCCA 131

Bugmy v R (2013) 249 CLR 571

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Bradley Mills (Offender)
Mark Anthony Smiroldo (Offender)

Representation:

Counsel:
Mr Rainey (Crown)
Mr Royce (Smiroldo)
Ms Tawagi (Mills)

File Number(s):

2019/00352063
2019/00351997

Publication restriction:

Nil

SENTENCE

Introduction

1. Each of the offenders stands to be sentenced having pleaded guilty to the following offence. That on 8 November 2019 in Clarendon they each broke and entered the dwelling house of Jackson McJennet located at 216 Hawkesbury Valley Way and committed the serious indictable offence of intimidation in circumstances of special aggravation, namely, that they each knew there were persons present within the dwelling house and that they were also armed with a dangerous weapon, namely a gel-ball calibre repeating air pistol.

2. That is an offence under s 112 subs (3) of the Crimes Act and has a maximum penalty of twenty-five years imprisonment and there is an applicable standard non-parole period of seven years.

The Facts

3. The Facts are agreed and the following is taken from them. The victims in this matter are Wyatt Farrelly; Cassandra Wells, Jackson McJennet; Jayden Pepper and Chad Cotter.

4. On 7 November 2019 Mr Farrelly, Ms Wells and Mr McJennet were at the Hawkesbury Races for Mr McJennet’s birthday celebration and they spent most of the day there, drinking and placing bets. After the races finished they went to the Clarendon Tavern where they continued drinking. Around midnight they were joined by Mr Pepper who had come from having dinner and drinks at the Clarendon Tavern. At one point Ms Wells recalled seeing the offender, Mr Mills, talking to his fiancé, and remembered Mr Mills appearing angry. Ms Wells knew Mr Mills as she used to work with his fiancé. At around 1.30am they left and went to Mr McJennet’s house which was not very far away. At the house were Mr Farrelly, Mr McJennet, Ms Wells, Mr Pepper and Mr Cotter. Another person, Erin Hooton also resided at this house however she was already in her room asleep. The group continued to drink at Mr McJennet’s house.

5. At around 3.40am there was a knock on the back screen door. This was the two offenders,…