District Court
New South Wales
Medium Neutral Citation: R v SLD (No 4) [2024] NSWDC 594 Hearing dates: 12 December 2024 Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) I impose a sentence of imprisonment of 1 year 6 months to date from 24 October 2023 and to expire on 23 April 2025.
(2) I impose a non-parole period of 1 year 1 month to date from 24 October 2023 and to expire on 23 November 2024.
(3) As the sentence imposed is less than 3 years, pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 the offender is taken to be to be subject to a parole order (being a “statutory parole order”) directing the release of the offender on parole at the end of the non-parole period (being 23 November 2024).
(4) Therefore, the offender is entitled to immediate release on a parole pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 (NSW).
Catchwords: CRIME – sentence – high risk offender – failing to comply with extended supervision order – verdict following judge alone trial – prior breaches of extended supervision order
Legislation Cited: Crimes (Administration of Sentences) Act 1999, s 158
Crimes (High Risk Offenders) Act 2006, ss 3, 12
Crimes (Sentencing Procedure) Act 1999, ss 3, 21A(2)(d), 21A(2)(j), 66
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322
Muldrock v R (2011) 244 CLR 120
R v SLD (No 3) [2024] NSWDC 480
Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3
Category: Sentence Parties: Rex
SLDRepresentation: Counsel:
Solicitors:
Mr D Bhutani (Offender)
Director of Public Prosecutions (NSW) (Crown)
Ryan Payten Le Lawyers (Offender)
File Number(s): 2023/00337580 Publication restriction: In accordance with s 15A of the Children (Criminal Proceedings) Act 1987 there is to be a prohibition on the publishing or broadcasting of the offender's name with respect to these proceedings.
Judgment
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The offender is to be sentenced with respect to one offence of fail to comply with extended supervision order contrary to s 12 of the Crimes (High Risk Offenders) Act 2006 (the Act) following a judge alone trial commencing 30 September 2024. A verdict of guilty was entered following judgment on 16 October 2024, whilst verdicts of not guilty were entered with respect to two remaining counts similarly alleging breach of s 12 of the Act (R v SLD (No 3) [2024] NSWDC 480 (the verdict judgment).
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The maximum penalty for the offence, being five years imprisonment, acts as a sentencing guidepost or reference point.
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Admitted on behalf the Crown were following:-
Indictment
Criminal history
Custodial record
Facts on sentence for H93643906 and H80434767,…
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- AGLC
- R v SLD (No 4) [2024] NSWDC 594
- Case
- [2024] NSWDC 594
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the defendant's breaches of the extended supervision order constituted sufficient grounds for a new sentence. The court needed to consider the nature and seriousness of the breaches, the defendant's history of non-compliance, and the principles of sentencing for breaches of supervision orders. The court also had to decide on the appropriate length of the new sentence and whether it should include a non-parole period.
The court found that the defendant's breaches of the extended supervision order were significant and demonstrated a continued risk to the community. Despite the defendant's previous non-compliance, the court determined that the new sentence should not be excessively punitive, but rather should focus on deterrence and rehabilitation. The court imposed a sentence of 1 year and 6 months, with a non-parole period of 1 year and 1 month, recognising the defendant's potential for reform and the need to balance public safety with the principles of sentencing.
In summary, the court ordered that the defendant be imprisoned for a period of 1 year and 6 months, with a non-parole period of 1 year and 1 month. The defendant is to be released on parole at the end of the non-parole period, in accordance with the statutory provisions of the Crimes (Administration of Sentences) Act 1999.
Orders
Orders of the court
(1) I impose a sentence of imprisonment of 1 year 6 months to date from 24 October 2023 and to expire on 23 April 2025.
(2) I impose a non-parole period of 1 year 1 month to date from 24 October 2023 and to expire on 23 November 2024.
(3) As the sentence imposed is less than 3 years, pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 the offender is taken to be to be subject to a parole order (being a “statutory parole order”) directing the release of the offender on parole at the end of the non-parole period (being 23 November 2024).
(4) Therefore, the offender is entitled to immediate release on a parole pursuant to s 158 of the Crimes (Administration of Sentences) Act 1999 (NSW).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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