Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:
1. Jonnathon King, you appear for sentence today in relation to five principal offences.
2. Four of those principal offences were committed at the premises at 45A Tallawong Avenue, Blacktown on 2 April 2022.
3. Those four principal offences are 2023/000044237: sequence 6 (aggravated break and enter); sequence 2 (robbery in company - the relevant victim being Gagan Chuahan); sequence 3 (robbery in company - the relevant victim being Cara Provis-Jacinto); and sequence 4 (stealing a motor vehicle).
4. Sequence 6 involves a contravention of s112(2) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is imprisonment for 20 years; and there is a standard non-parole period of imprisonment for 5 years.
5. Sequences 2 and 3 involve contraventions of s97(1) of the Crimes Act. The maximum penalty for each of those offences is imprisonment for 20 years; and there is no standard non-parole period.
6. Sequence 4 involves a contravention of s154F of the Crimes Act. The maximum penalty for that offence is imprisonment for 10 years; and there is no standard non-parole period. I pause to observe that if sequence 4 had been prosecuted in the Local Court, the maximum penalty would have been imprisonment for 2 years and/or 100 penalty units.
7. Insofar as sequence 6 is concerned, you have asked me to take into account one matter (sequence 5) on a Form 1 which I have certified. Sequence 5 is a matter of being carried in a conveyance without the consent of the owner. The maximum penalty for a breach of the relevant statutory provision, s154A(1)(b) of the Crimes Act, is imprisonment for 5 years. (There is a maximum term of imprisonment of 2 years and/or 50 penalty units if prosecuted in the Local Court - noting this information was not recorded on the Updated Crown Sentence Summary.).
8. The fifth and final principal offence concerns an offence which was committed in the Parklea Correctional Centre on 6 June 2023 (2024/8778 sequence 2). This last offence was assault occasioning actual bodily harm. It involves a contravention of s59(1) of the Crimes Act. The maximum penalty for that offence is imprisonment for 5 years; and there is no standard non-parole period. I also pause to observe that if sequence 2 had been prosecuted in the Local Court, the maximum penalty would have been imprisonment for 2 years and/or 50 penalty units - noting this information was not recorded on the Updated Crown Sentence Summary.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968439d21be39ba379ed0ab)
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