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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

 

Enter Dwelling House - ss.111(2) & 111(3)  

Enter Dwelling House - Aggravated - s.111(2) 

s.111(2) Aggravated enter dwelling house and commit serious indictable offence - 14y

s.105A(1) circumstances of aggravation:   armed with offensive weapon or instrument; in company; uses corporal violence; maliciously inflicts actual bodily harm; deprives person of liberty; knows person(s) in dwelling 

NAME

(age if known)

OFFENCECIRCUMSTANCE OF AGGRAVATIONPLEASENTENCEAPPEALRECORDFACTS

Warren

NSW CCA

22.7.1996

s.111(2) (steal)Armed with offensive weaponPG

4y

NPP 2y 6m

ADPriors for similar offencesEntered home and threatened elderly female occupant – took bank book and arranged to meet next day – took complainant's name and phone number

Silva

(34)

[2002] NSWCCA 332

s.111(2) (AOABH)

 

2 x AOABH

In companyPG

3y

NPP 12m

(concurrent sentences)

ADDrugs, property

Broke into home of elderly pensioner – assaulted him and two visitors – took $200 from victim's bedroom.

Drug addiction.

Kollas

[2002] NSWCCA 491

s.111(2) (affray)Armed with offensive weaponPG

4y

NPP 2y 4m

(partially concurrent to existing sentence)

Crown AA

5y 6m

NPP 3y 3m

Breached bail for violence offenceOne of group of men who forced entry into flat – struck two male occupants with steel pole – flat occupied at time with children – seeking drugs

Labrooy

[2004] NSWCCA 371

s.111(2) (AOABH)

 

Mal Wound

Knowing person present

PG

(20%)

s.111(2)

4y

NPP 2y

 

Total

5y

NPP 3y

AA

s.111(2)

3y

NPP 18m

 

Total

4y

NPP 2y

Nil

Broke into unit where ex-girlfriend was staying – attempted to choke male victim with whom ex-girlfriend was sleeping – during struggle bit victim's ear tearing away part of it.

Prior good character – depression.

Mitropoulos

(31)

[2004] NSWCCA 402

s.111(2) (AOABH)Armed with offensive weaponVG

5y

NPP 3y

ADAssaultWent to ex-girlfriend's house – Hit male victim with closed fist and cricket bat.

Murphy

(49)

[2005] NSWCCA 182

s.111(2) (AOABH)Corporal violence

PG

(more than 10% on appeal)

4y 6m

NPP 3y 3m

AA

2y 8m

NPP 2y

Lengthy including robbery, assaultEntered neighbours' home believing they had taken his watch – Struck male victim causing injury to mouth, left eye and forehead.

Little

(28)

[2009] NSWCCA 113

s.111(2) (intimidation)

 

s.86(1)(b)

s.61

 

PG

(local court)

2y 6m

NPP 12m

(other sentences concurrent)

AD Entered ex-girlfriend's premises – slapped her across face - bound her hands with cable ties – attempted to tape mouth – left after cutting ties

Ruttley

(19)

[2010] NSWCCA 118

s.111(2) (AOABH)

 

 

 

AOABH

In company

PG

(25%)

4y

NPP 2y 6m

 

 

FT 2y

(concurrent)

AA

3y

NPP 16m

 

FT 16m

(concurrent)

Drive unlicenced

With juvenile cousin entered house of 35y intellectually disabled man – dragged him out of bed and kicked and punched him – house ransacked

Voluntarily reported assault to police – aboriginal with childhood marked by poverty – low intelligence – parity to sentence imposed on younger offender charged with more serious offence

Dyer

[24]

[2011] NSWCCA 185

s.111(2) (AOABH)

 

Sched:

AOABH

In company

PG

(10%)

4y 6m

NPP 3y 4m

ADLengthy record in including assault on victimThreatened victim when sentenced to 6m imprisonment for assault on victim – 2 weeks after release entered home of victim with two others – assaulted sleeping victim with golf club – punched and kicked victim

Kennedy

[2013] NSWCCA 19

s.111(2) (intimidate)

 

Rob in Co

Intimidate

In company

PG

(25%)

3y

NPP 20m

 

(concurrent)

AA

33m

NPP 18m

(concurrent)

Record

Victims answered door to two men – occupants threatened with knife and scissors over extended period – forced to hand over money – co-offender gave back $50 when asked by offender

Deprived childhood – very low intelligence – mental disorders

Pleace

[2017] NSWCCA 112

​s.111(2)

 

 

AOABH

​PGIndicative

4y 6m

 

18m

 

Aggregate

5y

​ADSubstantial​Forced entry into home of victim's girlfriend – threatened male victim with crow bar and struck him on arm – victim was client of offender's girlfriend who was a prostitute

Suffering psychosis secondary to schizophrenia

 Last updated: 1.6.2017

 

 

 

Enter Dwelling House - Specially Aggravated - s.111(3) 

s.111(3) Specially aggravated offence – 20y

s.105A(2)  circumstances of special aggravation:  wounds or maliciously inflicts GBH; armed with dangerous weapon

NAME

(age if known)

OFFENCECircumstance of AggravationPLEASENTENCEAPPEALRECORDFACTS

Dawson

(26)

[2000] NSWCCA 433

s.111(3) (steal)

 

6 x s.178BA

 

Sched:

10 x s.178BA

Larceny

Wounds / inflicts GBHPG

2y PD

(concurrent sentences)

Crown ADDrugs, property.

Entered male victim's home taking wallet – pushed victim to floor – struck victim and second victim with metal pipe when they attempted to prevent offender leaving – injuries to victims included lacerations to head and fractured arm and skull – used victims' credit cards: s.178BA offences

Drug addiction.

Hatch

(26)

[2006] NSWCCA 330

s.111(3) (AOABH)Mal woundPG12m suspended sentenceCrown AD Entered male victim's home - Struck victim with baseball bat following argument involving former partner.

Last updated: 15.5.2017

  

 

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