R v Steven Ray Hughes

[2008] NSWDC 361

CITATION:	R v Steven Ray HUGHES [2008] NSWDC 361
JUDGMENT DATE:	24 September 2008
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ
DECISION:	Sentenced to 7 months imprisonment See also R v Steven Ray HUGHES [2008] NSWDC 360.
CATCHWORDS:	CRIMINAL LAW - sentence - having an offensive implement without reasonable excuse
LEGISLATION CITED:	Summary Offences Act 1988 s 11B(1) Criminal Procedure Act 1986 s 167
PARTIES:	Regina Steven Ray Hughes
FILE NUMBER(S):	2007/21/0327
COUNSEL:	Mr Buckman
SOLICITORS:	Director of Public Prosecutions

JUDGMENT

1. On 5 September 2008 I sentenced Mr Hughes in respect of two offences. By an oversight my attention was not drawn to an additional matter that Mr Hughes was charged with. He was charged with, without reasonable excuse having in his custody an offensive implement, namely a small black replica handgun in a public place. That is an offence under s 11B(1) of the Summary Offences Act1988 and carries a maximum of two years imprisonment.

2. I have been asked to deal with that offence under s 167 of the Criminal Procedure Act 1986 as a related offence. Both the prosecution and the defence suggest that a custodial sentence would be appropriate, backdated to the commencement of the other sentences, namely 21 July 2007. That is the course I propose to adopt.

3. Accordingly, I sentence you Mr Hughes to seven months imprisonment in respect of the offence of having in your custody the offensive implement. That sentence is to commence on 21 July 2007 and expire on 20 February 2008. I do not set a non-parole period because the sentence has expired and also because the sentence is concurrent with an existing custodial sentence or an existing non-parole period. [just mark the certificate, I think you said, “SC”. (sic) ] Is there anything else, Mr Modder?

MODDER: No, your Honour.
HIS HONOUR: Anything else, Mr Buckman?
BUCKMAN: No, your Honour.
HIS HONOUR: That is it, Mr Hughes; probably as far as you are concerned a formality, but it is important. We have to deal with these charges which were hanging around, or that particular charge, but you have now served the sentence so far as that is concerned. Do you understand?
OFFENDER: Yes.

HIS HONOUR: It expired February 20 this year. You have now served the sentence. Is there anything else?
MUDDER: No, your Honour.

BUCKMAN: No, your Honour.

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