Ditfort
(32) [1999] NSWCCA 442 | s.113(2) (steal) | In company | PG | MT 2y AT 18m | AA To vary commencement date | Lengthy record - released to parole nine days prior to offence | Broke into shop with two co-offenders armed with cricket bat and piece of timber - stole money and cigarettes. Aboriginal with deprived upbringing; drug addiction |
Lord
(18) [2001] NSWCCA 533 | s.113(2) (steal) Sched: AOABH | | PG | 12m GBB (no conviction recorded) | Crown AA 18m suspended sentence | Nil | Broke into home of 71y female - pushed past victim in attempt to escape - victim fell on tiles injuring herself - Lesser offender Excellent prospects of rehabilitation – remorse |
Rutter [2003] NSWCCA 306 | s.113(2) (steal) | | PG (25%) | 6y NPP 3y | AD | Nil | Waited in car while co-offender entered house brandishing pistol and impersonating police officer – in telephone contact with co-offender Also dealt with for drug offences – Psychological disorder |
Elmir
(33)
Salami
(30) [2003] NSWCCA 192 | s.113(2) (AOABH) s.59 AOABH s.113(2) (AOABH) s.59 AOABH | Infliction of corporal violence Infliction of corporal violence | PG (20%) PG (20%) | Total: 3y PD NPP 18m Total: 2y 6m PD NPP 12m | Crown AA 2y NPP 12m 1y 9m NPP 9m | Lengthy but old Minor – no violence | Forced way into house and chased occupants – assaulted male victim over sustained period of time with punches and pool cue – Minor injuries inflicted Revenge for serious assault on younger brother of Elmir – Elmir principle offender - Remorse |
Lenthall
(26) [2004] NSWCCA 248 | s.113(2) (steal) Sched: 3 offences | In company | PG (25%) | 5y 3m NPP 2y 6m Compensation order | AA 3y 9m NPP 1y 10m | "appalling" | Ram-raid in stolen car with 2 co-offenders of service station - $10,000 damage to service station Remorse – good prospects of rehabilitation – parity |
Pettersen
(25) [2009] NSWCCA 91 | s.113(2) (steal) Dangerous driving Sched: Take and drive conveyance | In company | PG | 3y 9m NPP 2y (6m concurrent) | Crown AD | Breached parole – significant record | Driver of car – four co-offenders broke into club and threatened cleaners with gun – attempt made to break into ATM – police car chase followed by attempt to escape by foot – unaware of handgun – unaware people in club Remorse – Sentences concurrent to revoked parole Co-offenders Bendt and Fell sentenced for s.113(3) - [2009] NSWCCA 91 |
Haydon
(25) [2012] NSWCCA 151 | s.113(2) (steal) Sched: 3 offences | In company | PG (25%) | 2y 6m NPP 1y 10m | AD | Breached parole for similar offences | With co-offender attempted to break into shed and steal motorbikes Sentence imposed 13m after commencement of sentence for s.112(1) offence |
Pettersen
(30) [2013] NSWCCA 20 | s.113(2) (steal) Sched: 3 car offences Conspiracy to BES in agg circumstances | In company | PG (25%) | FT 3y 9m Total 7y 3m NPP 4y 3m | AD | Lengthy record for dishonesty offences – breached parole | Attempted unsuccessfully to break into commercial premises using crowbar - made preparations to break into warehouse but abandoned attempted when alerted to police presence – stole several car to assist attempts |
Bamblett [2013] NSWCCA 161 | s.113(2) (steal) | Premises occupied | PG | 4y 6m NPP 3y 4m | AD | Lengthy record – breached parole of 10 days for serious offences | Broke into house at night through window of kitchen – entered bedroom with sleeping couple – apprehended in house but fled Drug addiction |
Mitchell M
(19) Mitchell P
(22) [2013] NSWCCA 318 Co-offender:
MITCHELL | s.113(2) (steal) Sched:
Larceny
Carried in conveyance | In company | PG (25%) | 2y 3m NPP 1y 3m | AA 9m NPP 6m | Children Court matters dealt with by fines, probation Children Court matters dealt with by fines, probation. | Brothers - offenders at night walking past premises of audio-electronics business - entered the yard and drove away in vehicle – later returned and entered premises to steal tools and music equipment - "at the lower end of range" of objective seriousness. Manifestly excessive – young adult offenders - No previous custody. |
Mitchell
(40) [2014] NSWCCA 63 Co-offenders:
MITCHELL
MITCHELL | s.113(2) (steal) Sched:
Larceny
Take and drive a conveyance | In company | PG (25%) | 3y NPP 2y | AA 1y 10m NPP 1y | Lengthy record | Brothers - walking past premises of audio-electronics business at night - entered yard and drove away with car – later returned and entered premises to steal tools and music equipment - lower end of range Senior offender |
Huynh [2015] NSWCCA 179 | s.113(2) (steal) Sched:
Resist arrest
Assault police | In company | PG (25%) | 4y 10m NPP 3y 8m | AA 4y NPP 3y | lengthy | With co-offender broke into house – ransacked bedroom while co-offender struggled with resident and held knife to neck Difficult childhood – early drug addiction – chronic depression |
Fayad
(45) [2017] NSWCCA 81 | s.113(2) (steal) Sched:
3 offences | In company | PG (12.5%) | 7y NPP 4y 9m | AD | Minor but breached bail for assault offence | Drove stolen vehicles into glass doors of shopping centre in early hours of morning – attempting to reach ATM – extensive damage – considerable planning Harsh custodial conditions |