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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.

 

Break and Enter - s.112(2)         

Aggravated Break, Enter & Commit Serious Indictable Offence (not Steal)

s.112(2) Aggravated break, enter and commit serious indictable offence - 20y
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 there is person(s) in dwelling
Standard Non-Parole Period: (offences committed on or after 1.2.2003) – 5 years

NAME

(age if known)

OFFENCECIRCUMSTANCE OF AGGRAVATIONPLEASENTENCEAPPEALRECORDINVOLVEMENT & SUMMARY

Dechellis

[20]

[2002] NSWCCA 88

Agg BE commit malicious damage Knowing persons present

PG

(25%)

3y

NPP 2y

ADLengthy record including assault

Forced way into house and assaulted male occupant - aware young children in room - continued attack outside house - became involved in fight with neighbours

Girlfriend alleged victim involved in sexual assault upon her - drug and alcohol problem - health problems

Flavell

(32)

[2002] NSWCCA 220

Agg BE commit AOABH

 

Agg BE commit affray

 

Sched:
Mal damage

Armed with offensive weapon

 

Armed with offensive weapon

PG

6y 5m

NPP 3y 6m

AA

6y 5m

NPP 2y 6m

Assault, mal damage

Smashed window of sister and brother-in-law's home - hacked at security door with large knife - stabbed brother-in-law.

Severe depression.

Zibelnik

(33)

[2002] NSWCCA 317

Agg BE commit mal damage

 

Sched:

2 x Assault

Armed with offensive weapon

PG

(25%)

5y

NPP 3y 8m

ADRecord not serious.  No previous custody.Armed with baton and axe, broke into house with brother terrorising occupants and damaging property - grievance over sale of drugs to offenders. 

Timu

(32)

[2002] NSWCCA 421

Agg BE commit AOABH Knowing person in house

PG

(25%)

2y 3m

NPP 9m

ADMinor juvenile record - conviction for assault in NZ not revealed to court on sentenceForced entry into home of former girlfriend and assaulted her - Pushed head against wall, slapped and punched to face, punched to stomach

Petrie

(51)

(2003) 141 A Crim R 396

Agg BE commit AOABH

 

Sched:

2 x assault

Armed with offensive weapon

PG

(25% on appeal)

5y

NPP 3y

AA

4y 6m

NPP 2y

Lengthy - crime and alcohol free for 6y prior to offence

Broke into victim's home disguised with balaclava – Attacked two victims with jemmy – Subdued by third resident.

Insufficient discount for guilty plea.

Shillingsworth

[2003] NSWCCA 272

Agg BE and sexual Assault VG

7y

NPP 4y

ADLengthy

Entered house of acquaintance and had intercourse with female asleep in bed next to husband – Drinking with complainant and others earlier in night – Deliberately entered house to have intercourse

Unfortunate and deprived background – Chronic alcohol problem

Millar

(38)

[2005] NSWCCA 202

Agg BE and AOABH Aware victim in housePG

2y 6m

NPP 1y 3m

AA

18m

NPP 10m

Extensive record but no violence

SNPP 5 years

Broke into unit and assaulted daughter's de facto – punch to head – provoked by continuing assaults on daughter

Price

(24)

[2005] NSWCCA 285

Agg BE commit AOABHAware victim in house

PG

(20%)

2y 8m

NPP 1y 6m

AA

16m

NPP 9m

Prior for AOABH – s.10 bond and no conviction recorded

SNPP 5 years

Broke into home and assaulted male occupant with wooden stick– upset by fight between complainant and applicant's father

Impressive subjective case – strong prospects of rehabilitation – genuine remorse

J.Tory

(23)

 

 

 

L.Tory

(30)

 

[2006] NSWCCA 18

Agg BE commit serious ind offence

 

 

 

Agg BE commit serious ind offence

 

Sched:

Common assault

Armed with golf club

In company

Used corporal violence

Knew persons present

PG

(25%)

 

 

 

PG

(25%)

2y GBB

 

 

 

 

2y GBB

Crown AA

10m

NPP 4m

(suspended)

 

Crown AA

14m

NPP 7m

(suspended)

Nil

 

 

 

 

Minor

SNPP 5 years

With father forced entry into house – male occupant punched and assaulted with golf stick – angered by improper relationship between victim and 14y sister – temporary loss of control – intent to frighten – not revenge

JT – impressive character evidence – restrictive bail conditions

LT – impressive character evidence

Leese

(42)

[2007] NSWCCA 108

Agg BE and intimidate with intent

 

Sched:
Mal damage

In company

PG

(25%)

2y

NPP 1y

ADNo gaol – breached bond

SNPP 5 years

With co-offender forced entry into front door of female acquaintance – co-offender threatened V's fiancé and smashed TV – V made complaint about offender to DOCS – lesser offender

Remorse

Ngati

[2008] NSWCCA 3

Agg BE and AOABHIn companyVG

3y 9m

NPP 2y

ADNil significant

SNPP 5 years

Broke into home of neighbour with wife and two sons – female occupant assaulted by co-offenders – 4 children present in house – response to earlier altercation between complainant and friend of offender's son - minor injuries – spontaneous offence – aided and abetted – below mid-range

Shaw

(38)

[2008] NSWCCA 58

Agg BE commit AOABH

 

Mal damage

 

PG

(25% on appeal)

6y

NPP 4y

 

3m concurrent

AA

4y

NPP 2y 6m

Various breaches of restraining orders - 2 charges of assault ( one of these against the victim) and on a bond for this matter at time of offence

SNPP 5 years

After breakdown of relationship been denied access on son's birthday - entered house at 6am armed with hammer - smashed windows and kicked doors before gaining entry by striking rear door - grabbed de facto by hair and punched to shoulder and head several times - cut above eye required several stitches - 9 children present - picked up son and walked out – pursued by de facto –knocked de facto to ground and kicked her to head.

Waited outside for police - very intoxicated

Error in assessment of objective seriousness.

Morris

(41 at sentence)

[2008] NSWCCA 115

Agg BE commit AR

 

s.112(1) BES

 

Sched:

AR

3 x BES

Knowing person present

PG

(20%)

6y 6m

NPP 3y 6m

 

 

Total:

7y

NPP 4y

Crown ADLengthy record for BES offences

Entered house at night and threatened female occupant and daughter with knife – stole property – four years later broke into home during day and stole property

Drug addiction – delay in charging

Truss

[2008] NSWCCA 325

Agg BE and commit affrayIn company

PG

(25%)

4y 6m

NPP 3y 4m

AA

(to backdate sentence)

Breached bonds for assault including assault on same victim

SNPP 5 years

Argument with neighbour in housing commission area – forced entry with co-offenders by smashing window with chair – occupant punched and kicked to head and torso, repeatedly struck with broom and chair – threats to kill - extensive injuries to mouth, teeth and neck, cuts to scalp, neck and face, 2 stitches to face and fractured cheekbone – appellant present encouraging and ready to assist – intoxicated – low-mid range

Backdated to take into account period in rehabilitation

Terkmani

(19)

[2009] NSWCCA 142

Agg BE and commit AOABH VG

4y

NPP 2y

Crown ADAssault offences

SNPP 5 years

Demanded entry to house then smashed window with brick – entered house through window armed with knife – second assailant let in through door and both assaulted male occupant

Zammit

(20)

[2010] NSWCCA 29

Agg BE AOABH In company

PG

(25%)

6y

NPP 3y

AA

5y

NPP 2y 6m

Traffic, mal damage

SNPP 5 years

With co offender assaulted male victim who was in company of co offender's ex-girlfriend – punched victim about head after breaking into unit - offence in lower end of mid-range.

Youth - little criminal record with no violence – good rehabilitation prospects – alcohol and drug issues.

Special circumstances.

YS

(16)

[2010] NSWCCA 98

Agg BE and commit sexual assault Deprivation of liberty

PG

(10%)

8y

NPP 5y

ADSignificant subsequent offending

SNPP 5 years

Forced entry into home of complainant in mid-twenties – series of sexual assault on complainant in her bed including digital penetration, cunnilingus and forced fellatio

Aboriginal with troubled history and drug abuse – significant social, psychological and psychiatric problems – mental illness

Ali

(24)

[2010] NSWCCA 184

Agg BE and intimidating Knowing person present

PG

(15%)

20m

NPP 10m

ADTraffic offences

SNPP 5 years

Broke into cousin's home with brother-in-law by ripping fly screen on lounge room window – brother-in-law struck male occupant with stick and forced wife to car – lost self-control when saw sister's unfaithfulness to husband – offence committed in presence of three young children

Remorse

Andrews

[2011] NSWCCA 24

Agg BE and commit indecent assaultKnowing person present

PG

(10%)

5y

NPP 2y 6m

AD

(Minor adjustment to commencement date only)

PCA – breached GBB.

SNPP 5 years

Broke into female victim's home while V was asleep – pretended to be V's boyfriend - assault and sexual comments to V – knew V socially and knew V home alone.

Intellectual disability – poor impulse control

Martin

[2011] NSWCCA 188

Agg BE and cause actual bodily harm 

PG

(15%)

6y

NPP 3y

(Partially accumulated on another sentence so that A will serve 2 years referable to this offence)

ADViolence - agg BES

SNPP 5 years

Kicked down the door of former partner and caused actual bodily harm by kicking her and causing severe bruising to her legs - at or just below mid-range

Distressed by relationship breakdown and separation from children – drinking heavily - special circumstances.

Bolt

[2012] NSWCCA 50

Agg BE and AOABHKnowing person present

PG

(25%)

5y

NPP 3y 6m

AA

4y

NPP 2y 6m

Breached AVO and bond in relation to same victim

SNPP 5 years

Former partner alone and 7 weeks pregnant - broke into home at 2am and assaulted her causing unconsciousness - 3 bones in nose broken, nausea, vomiting and severe headaches

Violent childhood at hands of father and grandmother – drug user – mental illness

Thompson-Davis

[2013] NSWCCA 75

Agg BE and commit indecent assault

 

Sched:

Act of indecency, Stalking

 

PG

(10%)

7y 6m 12d

NPP 5y 7m 24d

AA

6y 2m

NPP 3y 10m

Lengthy.

SNPP 5 years

Broke into V's home at night alone with 12 year old daughter - had met V briefly earlier in day but otherwise did not know V – knocked on door asking V if he could come in – V refused - broke in through front door – indecently assaulted V in kitchen – not aware V's daughter at home.

Other offences involved approaching women he did not know and following them.

Aboriginal – difficult background – institutionalised.

Langbein

(22)

[2013] NSWCCA 88

 

[2013] NSWCCA 100

s.112(2) BE Mal Damage

 

s.112(2) BES

 

Drive disqualified

 

Sched:

2 similar offences

 

PG

(25%)

4y 6m

NPP 3y

 

3y

NPP 2y 3m

 

Total:

6y

NPP 4y 6m

AA

(to adjust degree of accumulation)

 

Total:

4y 9m

NPP 3y 3m

Breached bond – poor record for property offences

SNPP 5 years

Broke into café, caused $23,847 damage and stole property – broke into wine cellar and caused damage – attempted to break into bottle shop – broke into second café and caused damage and stole property

Some evidence of rehabilitation – father to three small children

Eckermann

(26)

[2013] NSWCCA 188

Agg BE and AOABH

 

Sched:

s.61 Assault

Knowing person presentPG

2y

suspended

Crown AA

2y

NPP 14m

Assault police, AOABH.

SNPP 5 years

Breakdown in relationship with victim due to domestic violence - V in new relationship – struck V on face previous afternoon - broke into V's home at about 3:30am in highly agitated state and grabbed V around throat and face – threatened new boyfriend - pushed V down hallway and onto bed - punched face with closed fist – three young children present at home – mid-range

Alcohol abuse – employed – good rehabilitation prospects – loving father

Smith

(38)

[2013] NSWCCA 209

Agg BE and intimidate

 

Breach of two GBB

 

Sched:

Breach AVO

Property damage

Knowing person present

PG

(25%)

4y 2m

NPP 2y 9m

(10m concurrent)

ADRecord including violence – breached bonds for violence against same victim

SNPP 5 years

Attempted to break into home of ex-partner at night through bedroom window – victim's new partner left to get help – broke into house through front door – broke internal door causing wood to hit victim – threatened to stab victim – caused property damage to house and car parked in driveway

Aboriginal – good work record – substance abuse

Peters

[2013] NSWCCA 324

Agg BE and detain for advantage 

PG

(25%)

13y 6m

NPP 10y

AD 

SNPP 5 years

Entered home of HSC student through unlocked front door – secured black box around neck of Victim with two page document referring to explosives – box confirmed to have no explosives after ten hours – extortion attempt

Suffering mental illness but not significantly causally related

HJ

(17)

[2014] NSWCCA 21

2 x Agg BE and AOABHIn company

PG

(25%)

2y 1m

NPP 12m

AA

2y 1m

NPP 6m

nil

Female - broke into home of sister's de facto's 14y daughter with male co-offender – male occupant knocked unconscious by co-offender – sustained assault by offender on female victim – threats made prior to coming to house – instigator - intoxicated

Difficult childhood – low intelligence – sexually assaulted - gave birth to baby boy three weeks before sentence – separation due to absence of facilities in juvenile detention

Wallace

(25)

[2014] NSWCCA 54

Agg BE and destroy property by fire

 

Common assault

Knowing person presentPG

5y 3m

NPP 3y

(FT 3m)

ADMinor

SNPP 5 years

After drinking with victim took offense to racial comments and attempted to choke victim – later broke into Victim's unit and set fire to curtains – returned to rescue victim – substantial damage – grave risk of death – extreme recklessness

Aboriginal - Genuine remorse – pleaded local court

Bennett

(32)

[2014] NSWCCA 197

Agg BE IntimidationKnowing person presentVG

5y

NPP 2y

Crown AA

5y 9m

NPP 3y 3m

 

SNPP 5 years

Knew V through drug connection - banged on V's door - broke into V's home – dragged V and punched him number of times – V's children present in home.

Corda

(40s?)

[2014] NSWCCA 281

Accessory before the fact - Agg BE and destroy property by fire 

PG

(25%)

5y

NPP 3y 6m

ADBreached bond – subject to AVO

SNPP 5 years

In long running dispute with neighbour – paid two young co-offenders to break in and burn down house – provided petrol and information – destroyed house – well above mid-range

Mueller

(52)

[2015] NSWCCA 292

Agg BE and indecent assault

 

Indecent assault

 

Sched:

Indecent assault

Act of indecency

 

PG

(25%)

24m

Suspended

Crown AD1992 sexual offence

SNPP 5 years

Entered house of former neighbour and attempted to kiss female occupant – exposed penis and testicles – forced entry a second time and indecently touched female occupant – on same day approached house next to father's house and grabbed breast of female occupant

Suffering psychotic episode

Meatuai

(27)

[2016] NSWCCA 42

2 x Agg BE AOABHUse corporeal violence

PG

(10%)

5y

NPP 3y 6m

Crown AA

6y 6m

NPP 4y 6m

Substantial record including violence

SNPP 5 years

With co-offender entered home of victims through unlocked front door - Assaulted male V by punching repeatedly to face and body with great force, continued to punch to head when he fell to ground –Punched female several times to face, pushed her backwards into glass wardrobe with such force it shattered, dragged across room by hair and continued to kick and punch as she lay on floor – both V's required surgery for serious injuries - well above mid-range.

Difficult background – ingested "ice" on day of offences - little insight into what triggers violent conduct, including drug use - little impulse control.

Hayek

(52)

[2016] NSWCCA 126

Agg BE and rob

 

Sched:

3 drug offences

 

s.166

6 drug offences

Aware persons present

PG

(25%)

6y

NPP 4y

ADLong history – breached parole

SNPP 5 years

Followed female pharmacist into unopened pharmacy – demanded drugs and money – threatened victim not to go to police – mid range offence – additional offences related to drug taken from pharmacy

Long history of drug abuse – under influence of drugs at time off offence

Warwick

[2016] NSWCCA 183

Agg BE AOABH 

PG

(25%)

3y

NPP 18m

AA

2y

NPP 1y

BES - agg BES - steal property - damage property

SNPP 5 years

2010 offence - Stealing items from victims' car parked in garage – male tried to stop offender – hit V on head with object believed to be a torch – arrested 4 years later.

CCA - totality

SS

[2016] NSWCCA 197

Agg BE AOABH

 

AOABH

Knowing person present

PG

(10%)

9y NPP 4y

 

2y 9m

NPP 2y

 

Total:

10y

NPP 5y

AD 

SNPP 5 years

Assault upon female ex-partner due to ending of relationship - broke into V's home and strangled V until she passed out - emptied entire contents of fire extinguisher into V's throat and around her mouth - pulled down V's pants and underpants then left premises.

From troubled country – witnessed murder of father aged 6 – refugee.

McIlwraith

(34)

[2017] NSWCCA 13

Agg BE with intent to intimidate

 

s.33B possess weapon with intent to intimidate

Armed with weapon

VG

 

 

 

PG

4y

NPP 3y

 

 

22m

NPP 14m

(concurrent)

AD 

SNPP 5 years

Victim came upon offender emerging from alcove under house wearing property belonging to victim – chased victim next door and broke into laundry

Drug affected

Chung

[2017] NSWCCA 48

Agg BE IntimidationKnowing person presentVG

6y

NPP 3y 6m

ADMinor assault matter in 1991 - no conviction recorded.

SNPP 5 years

Offender's girlfriend claimed to victim's brother owed her $300,000  - trying to help recovery of debt – rang doorbell, entered without permission and demanded to know where V's brother was - assaulted V, kicking in stomach and punching to face - led to fight and produced knife - mid-range objective seriousness.

Rehabilitation prospects – good character.

DH

(41)

[2017] NSWCCA 64

Agg BE with intent to Intimidate

 

2 x Assault

 

Breach AVO

Knowing person present

PG

(25%)

Indicative BE

4y 6m

 

Agg

5y

NPP 3y

ADBreached bonds – otherwise relatively limited

SNPP 5 years

Drove up behind ex-partner driving daughter – during subsequent discussion shouted at ex-partner and hit her arm with car door – refused to let door shut forcing ex-partner to drive off with door open - five days later kicked glass sliding door at ex-partner's house aware her mother and three children in house – smashed door, two windows, assaulted mother and threatened children – mid-point of range of seriousness

Alcohol addiction

 

 

 

Aggravated Break Enter & Steal - Single

s.112(2) Aggravated break, enter and commit serious indictable offence - 20ys.105A(1)
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 there is person(s) in dwelling
Standard Non-Parole Period: - 5 years

NAME

(age if known)

OFFENCECIRCUMSTANCE OF AGGRAVATIONPLEASENTENCE AT FIRST INSTANCERESULT ON APPEALRECORDFACTS

Cummins

(33)

NSWCCA

23.11.1998

s.112(2)

 

Sched:

2 x s.112(2)

 PG

MT 4y 6m

AT 1y 6m

ADLengthy record for serious offencesForced entry into premises using fake search warrant with female co-offender - Ransacked premises and stole property - Schedule offences similar – Instigator

Bell

(34-5)

[1999] NSWCCA 423

s.112(2)In companyPG

MT 4y 6m

AT 1y 6m

AA

MT 2y 6m

AT 2y 6m

Lengthy including BES offences

Broke into residential house.  Injured hand breaking window and caused extensive damage by spilling blood around house - arrested in house.

Aboriginal with deprived background; drug addiction; father of three children.

Emerson

(29)

[2000] NSWCCA 271

s.112(2)

 

Sched:

7 offences

In company

Armed with offensive weapon

PG

MT 7y

AT 3y

ADExtensive criminal record

Broke into nursing home with brother and used knife to steal from 78y male resident - victim terrorised.

Early plea.

Brown

(17)

[2000] NSWCCA 548

s.112(2)

 

Sched:

s.113(1)

In companyPG

4y

NPP 2y

(cumulative to existing sentence)

AA

4y

NPP 15m

(cumulative - detention centre)

Lengthy criminal record including robberies

In company with three offenders assaulted 64y female and her daughter in front yard of house - forced way inside by smashing door panel and ransacked house - threatened victims with gun (replica?).

Deprived background - suffering severe clinical depression and severe anxiety disorder - significant suicide risk

Coupe

(34)

[2001] NSWCCA 112

s.112(2)

 

Sched:

3 x BES

Infliction of corporal violence

PG

(25%)

4y 6m

NPP 3y

AA

4y 6m

NPP 2y 6m

Appalling record

Female - Confronted by occupant in home and caused minor injuries during scuffle - detained until police arrived.

Appalling background - drug addiction

Buhagiar

(25)

[2001] NSWCCA 376

s.112(2)In companyPG

3y 10m

NPP 2y 10m

ADOn parole for BES

Broke into remote farm property with co-offender - ordered 23y male occupant to floor - bound him with tape and made threats

Ellis discount

Scott

[2001] NSWCCA 377

s.112(2)

 

Sched:

13 offences

 PG

7y

NPP 4y 6m

AA

5y 6m

NPP 3y 6m

Extensive criminal record - on bail when committed sched offences

Broke into house with co-offender - 80y old occupant in bad - assaulted around head with tomato stake

Parity with co-offender

Stewart

(20)

(2001) 124 A Crim R 371

s.112(2) VG

4y

NPP 2y 6m

ADDrug, property, driving and violent offencesEntered house through unlocked garage with co-offender - armed with hockey stick found in garage - son of home owners threatened - damage done to house and property stolen

Lafferty

(27)

[2002] NSWCCA 118

s.112(2)Armed with offensive weaponVG

6y

NPP 3y

ADEscape custody, dishonesty, violence

Broke into private home - owners returned - appellant escaped brandishing screwdriver.

Drug addiction - offence committed two months after release from custody for similar offence.

Duncan

(18)

[2002] NSWCCA 164

s.112(2) PG

3y 4m

NPP 18m

AA

(to backdate sentence only)

Substantial record - on bail

Broke into house with co-offender - Brandished wood with nails at occupants - Demanded and received money

No difference in culpability despite youth - Deprived childhood - Issue of parity only

Crowe

(24)

[2002] NSWCCA 245

s.112(2)

 

Sched:

Possess small qty cannabis

 

PG

(25%)

6y

NPP 4y

ADStealing, robbery, drugs - previous custody - on parole.With co-offenders broke into jewellery store taking $750k worth of goods - used sledge hammer to break in, demanding staff open safe.

Kelly

(25)

[2002] NSWCCA 277

s.112(2)

 

Sched:

Possess 0.09g heroin

In company

PG

 

5y 6m

NPP 3y

AA

3y 6m

NPP 21m

Record for dishonesty and drug offences

Broke into chemist with co-offender

Contrition - Drug addiction

Original discount of 6m on head sentence of 6y found inadequate on appeal

Prestwidge

(32)

[2002] NSWCCA 439

s.112(2)

 

Sched:

Larceny

4 x Att BES

Mal inflict GBH

PG

(20% on appeal)

5y 3m

NPP 3y 6m

AA

4y 2m

NPP 2y 9m

Significant

Female - entered house with co-offender - 86y male occupant assaulted with screwdriver and pillow on face - house ransacked - not involved in assault - follower

Parity

Patten

(26)

[2003] NSWCCA 33

s.112(2)

 

Sched:

Possess 3.2g methylamphet

in company

PG

(1/3)

3y

NPP 1y 8m

PD

AA

2y 3m

NPP 14m

PD

No dishonesty or imp - breached bond

Broke into café with 3 co-offenders and stole cigarette machine - degree of premeditation and planning

Aboriginal - Affected by death of father - 2 children (primary carer for 1) - Above average prospects of rehabilitation – Parity

Honeyman

(20)

[2003] NSWCCA 292

s.112(2)Inflicted ABHPG

(effective sentence)

5y

NPP 2y 3m

ADAppalling

Broke into home of 98y female – Knocked over occupant in escape

Need for drug rehabilitation

Swain

(20)

[2003] NSWCCA 364

s.112(2)In companyVG

4y

NPP 2y

ADLengthy and serious – breached paroleBroke into school and stole computer equipment

Warren

(38)

[2003] NSWCCA 366

s.112(2)

 

Sched:

4 offences

In companyVG

4y 6m

NPP 3y

AA

3y 9m

NPP 2y 3m

Lengthy – breached bond and bail

Broke into residential property with co-offender and removed property

Long-term drug addiction - Parity

Anderson

(38)

[2004] NSWCCA 39

s.112(2)In companyPG

3y

NPP 18m

AA

3y

NPP 12m

Prior record includes BES – breached parole

Broke into shed on property with brother looking for money – Arrested when returned to scene

Financial difficulties – Depression – Assistance given in relation to murder of sister – caring for sister's 5 children

Ah-See

(40)

[2004] NSWCCA 202

s.112(2)

 

Sched:

2 offences

Aware of presence of occupantsVG

4y

NPP 3y

ADExtensive record – breached parole

Broke into home of sleeping female – prepared property for removal then fell asleep

Aboriginal with drug problem - protective custody

Chen

[2004] NSWCCA 369

s.112(2)In company

PG

(20%)

4y

NPP 2y 6m

AD 

Broke into house and stole property – threatened occupants with knife

Illegal immigrant from China

Dodd

(18)

[2004] NSWCCA 374

s.112(2)Aware of presence of occupant

PG

(25%)

8y

NPP 5y

AA

5y

NPP 2y 6m

Extensive record including similar off – breached bonds

SNPP 5 years

Broke into home of sleeping female and stole money in bag – Unplanned offence

Aboriginal with deprived childhood – Good prospects of rehabilitation

Ceissman

(31)

[2004] NSWCCA 466

s.112(2)

 

Sched:

2 offences

In company

PG

(25%)

6y

NPP 3y

Crown AA

6y 6m

NPP 4y 6m

Extensive – all but 2m of last 9y in custody; breach of parole

SNPP 5 years

In company and armed with a crow bar, participated in well-planned and professional bank robbery – $171,980 stolen, of which little recovered

Protective custody - Heroin and alcohol use – father of three children – support of de facto and father – remorse – some prospects of rehabilitation

Rogerson

[2005] NSWCCA 12

s.112(2)

 

Sched:

PHBI

In company

PG

(15% on appeal)

Not stated

4y 3m

NPP 2y 2m

Lengthy record – similar offences

SNPP 5 years

Observed by occupant breaking into residential house with co-offender

Long history of drug abuse - parity

BB

(16)

[2005] NSWCCA 215

s.112(2)

 

Sched:

Mal wound

Aware of presence of occupants

PG

(25%)

5y 6m

NPP 3y

ADSignificant – breached probation

SNPP 5 years

Entered house and assaulted male occupant with fence picket – stole wallet

Delay – need for intervention with multiple drug and behavioural problems

Huynh

(24)

[2005] NSWCCA 220

s.112(2)In company

PG

(20%)

8y

NPP 5y

[4m PSC]

AA

5y 4m

NPP 3y 3m

Some but no previous custody (currently subject to other prison sentences)

SNPP 5 years

In company - stole $90-100,000 of property – restrained by Victim's' son, an off-duty police officer, who came in by chance with friend

Vietnamese – fractured family – heroin user – remorse – seeking D&A treatment in custody – protective custody

Lewis

(25)

[2005] NSWCCA 300

s.112(2)

 

Sched:

2 offences

Aware of presence of occupants

PG

(1/3)

4y 6m

NPP 2y 3m

ADDrug, dishonesty and driving offences – no imprisonment – breached bonds

SNPP 5 years

Female entered house of elderly couple sleeping – stole money – left after confrontation – stole from resident of nursing home and shop

Drug addiction – violent personal history – health problems

Errors but no lesser sentence warranted at law

Roberts

[2005] NSWCCA 401

s.112(2)In companyVG

4y

NPP 2y 6m

AD Broke into warehouse with two other offenders – preparing to steal electrical goods when interrupted by security guard

Diamantis

[2005] NSWCCA 433

s.112(2)

 

Sched:

6 Dishonesty off

In companyPG

6y

NPP 4y

ADSerious – breached parole and bail

SNPP 5 years

Broke into shop with co offender and stole computers

Bushara

(24)

[2006] NSWCCA 8

s.112(2)

 

Sched:

Take and drive conveyance

Aware of presence of occupants

PG

(25%)

4y

NPP 2y 6m

AA

3y 6m

NPP 2y

Priors for similar offences – breached drug court prog

SNPP 5 years

Broke into house through open garage – attempted to leave in car

Failure to take into account PSC

Douglas

(20)

[2006] NSWCCA 94

s.112(2)

 

Sched:

Take and drive conveyance

In company

PG

(15%)

3y 4m

NPP 1y 8m

ADLengthy record – recent improvement

With co-offenders broke into retail store at night and stole property

Remorse – good prospects of rehabilitation

Gibbs

(18)

[2007] NSWCCA 171

s.112(2)

 

Sched

BES

In companyPG

2y 3m

NPP 15m

AA

2y 3m

NPP 12m

Similar offences – breached bond

SNPP 5 years

Broke into house with two co-offenders – house occupied by sleeping mother and two children – one child awoke when someone entered room – second offence committed alone on residential house

Aboriginal with difficult and neglected childhood – mother with mental illness – failure to take into account quasi custody - parity

Maxwell

(33)

(2007) 177 A Crim R 498

s.112(2)

 

Sched:

Assault

Inflicted ABH

PG

(10% on appeal)

5y

NPP 3y 4m

AA

4y

NPP 2y 6m

Lengthy record – breached bond

SNPP 5 years

Broke into house - threw bottle at male occupant and assaulted him – attempted to punch second male – threats made – stole wallet - motivated by domestic dispute between friend and his ex-partner - use of weapon - knew person present – use of corporal violence

Nguyen

(35)

(2008) 189 A Crim R 454

s.112(2)Inflicted ABH

PG

(20%)

5y

NPP 3y 9m

ADBES offences – breached parole

SNPP 5 years

Entered home through bedroom window – found by occupants searching wardrobe – bit male occupant on arm during struggle

Schizophrenia

Kershaw

[2009] NSWCCA 19

s.112(2)Aware of presence of occupantsPG

3y 9m

NPP 2y 9m

AA

3y

NPP 2y

Record – breached bond

SNPP 5 years

Broke into home of 57y amputee aware occupant at home – spoke to occupant half hour before – intoxicated.

Error of law established – judge wrongly advised as to SNPP.

Davis

(29)

[2009] NSWCCA 279

s.112(2)

 

Sched:

2 x AOABH

Recklessly inflicted ABH

PG

(25%)

6y

NPP 3y 6m

ADRecord for similar offences – breached a bond

SNPP 5 years

Broke into home through window – attacked 50y occupant with suitcase when confronted – struggle ensued and placed occupant in headlock causing choking – female occupant fended off - minor injuries – upper midrange of objective seriousness

History of mental illness treated by drug and alcohol abuse

Forbes

(29)

[2009] NSWCCA 292

s.112(2)

 

s.154G (facilitate rebirthing of boat)

 

Sched:

5 offences

In company

PG

(20%)

6y 8m

NPP 3y 4m

 

Total:

6y 11m

NPP 3y 7m

AA

Only to set NPP for rebirthing offence – same effective sentence

Significant although less serious

SNPP 5 years

Involved in ram raid at arcade in early hours of morning where ATM stolen – well planned and executed – involved in organising offence and opening ATM after – not present during actual ram raid – joint criminal enterprise – just below mid-range – rebirthing of stolen boat and trailer worth $36,000 – suffered some degree of intimidation from co-offender

Good prospects of rehabilitation

Kuehne

(30)

[2011] NSWCCA 101

 

[2014] NSWCCA 22

s.112(2)In companyVG

6 y 8m

NPP 5y

AD

 

 

 

AA

6y

NPP 4y 6m

Multiple BE, Agg BES, AOABH, GIC, Possess housebreaking implements.  On parole.

SNPP 5 years

Mid-range offence - with 2 co-offenders all wearing hoods broke into bakery and stole cash register and contents - observed by co-owner who called police – aggravating factors: offenders had a knife and a metal pole, caused damage to property, co-owner vulnerable as he was working alone on premises.

Institutionalised – spent 10 years over last 12 years in custody.

Lovoni

[2011] NSWCCA 289

s.112(2) VG

5y

NPP 3y 3m

ADBreached parole

SNPP 5 years

With co-offender broke into victim's home – victim arrived home – co-offender swung punch at V – offender hid in nearby bushes and was apprehended – had stolen various electronic equipment

Madden

(24)

[2011] NSWCCA 254

s.112(2)In company

PG

(25%)

4y 6m

NPP 2y 6m

ADRecord

SNPP 5 years

Broke into post office in company of female – stole property

Aboriginal – drug user – delay in charging due to DNA identification

Vlach

(33)

[2012] NSWCCA 192

s.112(2)

 

Sched:

7 offences

In company

PG

(25%)

3y 4m

NPP 1y 4m

Extension of time to appeal refusedDrugs, dishonesty, firearms

SNPP 5 years

With two co-offenders, obtained V's security access cards from V's mailbox – gained access to V's car park in apartment block – took items from V's cars and drove away.

Under influence of drugs.

Hanania

(20)

[2012] NSWCCA 220

s.112(2)

 

Sched:

Possess safe breaking implement

Damage property

In company

PG

(25%)

2y

NPP 12m

ADProperty and driving – Agg BES

SNPP 5 years

With co-offender broke into jewellery shop through roof – attempted to escape through glass front door – found in possession of angle grinder

Smith

(22)

 

 

 

 

 

Reilly

(24)

 

[2012] NSWCCA 166

s.112(2)

 

Sched:

SMV

Burn MV

In company

PG

(20-25%)

 

 

 

 

PG

(25% on appeal)

5y

NPP 3y 9m

 

 

 

 

 

5y

NPP 3y

AA

(to backdate sentence only)

 

 

 

 

AA

4y 6m

NPP 2y 9m

Lengthy sentence – breached bond and suspended sentence

 

Lesser sentence

SNPP 5 years

Stole motor vehicle and reversed into shop window – stole property – drove away then burned car – S was driver

S – Aboriginal with drug and alcohol abuse

R – drug and alcohol abuse – born with developmental delays - parity

Williams

(24)

[2013] NSWCCA 15

s.112(2)

 

Sched:

s 112(2)

In company

PG

(25%)

4y

NPP 2y 9m

ADSubstantial

SNPP 5 years

Stole cigarettes of value in excess of $2600 from service station with two co-offenders

Disturbing upbringing – substance abuse, particularly alcohol.

Hillsley

(23)

[2013] NSWCCA 78

s.112(2)In companyVG

3y 10m

NPP 2y 2m

ADRecord included break and enter offences

SNPP 5 years

Broke into commercial premises and stole tyres

Low intelligence – married with two children – stole to support family

Allen

(22)

[2013] NSWCCA 173

s. 112(2)

 

Sched:

Possess housebreaking implements

Aware of presence of occupants

PG

(25%)

3y 9m

NPP 2y 3m

ADLengthy. Multiple housebreaking offences. On parole for BES.

SNPP 5 years

Broke into home of couple through flyscreen window – took hand bag containing cash, phone and personal cards - Towards lower end of objective seriousness.

Alcohol and drug abuse – has spent only six months out of jail since 18th birthday – difficult upbringing.

Zuccarini

[2013] NSWCCA 228

s.112(2)In companyPG

3y

NPP 1y 6m

AD 

SNPP 5 years

Smashed window and entered retail phone shop after hours – stole small amount of property

Drug related mental condition

Dunks

[2014] NSWCCA 134

s.112(2)In companyVG

6y

NPP 4y

Conviction AD 

SNPP 5 years

Broke into home of female acquaintance - assaulted victim, stole medications, money,  mobile phone and bank statement – seeking drugs

Biles

(21)

[2014] NSWCCA 170

s.112(2)In company

PG

(25%)

5y 3m

NPP 3y

ADLengthy record

SNPP 5 years

Barged into bedroom of elderly couple resting – grabbed possessions from bedside table and left

Difficult childhood

McGeown

(36)

[2014] NSWCCA 314

s.112(2)

 

Sched:

3 offences

In company

PG

(50%)

4y

NPP 1y 8m

ADLengthy record – breached bail and bonds

SNPP 5 years

Passenger in car used to ram into front window of pharmacy – stole drugs and $500

Long history of drug abuse

Sparkes

(23)

[2015] NSWCCA 203

s.112(2)

 

s.154A

 

Sched:

3 offences

In company

PG

(25%)

6y 4m

NPP 4y 9m

ADDriving, aggravated assaults, aggravated break and enters, police pursuits, stealing motor cars - on bail.

SNPP 5 years

V and adult son asleep inside premises - entered through fly screen door and main door, which was closed but not locked - removed V's handbag and car keys - used car keys to unlock and access V's car - below mid-range but not at bottom of range.

Dysfunctional background – Aboriginal background - drug abuse from young age – drug addiction.

Boney

(27)

[2015] NSWCCA 291

s.112(2)

 

Sched:

Attempt steal MV

Aware of presence of occupant

PG

(25%)

4y 10m

NPP 2y 10m

ADExtensive - in last 11 years in custody for all but 18 months 9 on parole.

SNPP 5 years

Broke into residence by forcing access through window - couple and 3 children lived in premises - stole wallet containing identification cards, handbag and phone.

Aboriginal – disadvantaged background -mental disturbance - borderline personality disorder.

Referred to Drug Court to determine whether compulsory drug treatment order should be imposed

Alkhair

(38)

[2016] NSWCCA 4

s.112(2)In company

PG

(25%)

4y

NPP 3y

ADLengthy - armed robbery - enter building with intent – on parole.

SNPP 5 years

Broke into apartment while owners were out – stole items – with co-offender.

Drug abuse.

Hamilton

[2016] NSWCCA 59

s.112(2)In companyPG

2y 10m

NPP 18m

AA

Only to backdate sentence

 

SNPP 5 years

Few details given – smashed window and stole money

Tobia

[2016] NSWCCA 99

s.112(2)In company

PG

(25%)

3y

NPP 15m

ADDishonesty offence – breached conditional liberty

SNPP 5 years

Co-offender stole bag from 55y female earlier in day – during night both broke into house of female victim using house keys in bag and stole over $12,000 property

Traumatic childhood – family forced to flee Iraq – parity with co-offender who was sentenced in drug court

Abdulrahman

(20)

[2016] NSWCCA 192

s.112(2)

 

Sched:

s.113(2)

In company

PG

(25%)

3y 6m

NPP 2y

ADJuvenile including similar offences – GIC as adult

SNPP 5 years

Broke into home with co-offenders – ransacked premises and stole property – found attempting to break into second house

Usher

(33)

[2016] NSWCCA 276

s.112(2)

 

Proceeds of crime offence

 

Sched:

s.113(2)

In company

PG

(10%)

5y 10m

NPP 3y 3m

ADLengthy – dishonesty and driving

SNPP 5 years

Broke into food store using keys and codes supplied by co-offender – left on first occasion when alarms activated – three days later broke in and stole $90,815 – purchased car with his share – lower mid-range to below mid-range

Drug user – schizophrenia

Potts

(41)

[2017] NSWCCA 10

Att s.112(2)In company

PG

(5%)

4y 9m

NPP 3y 6m

AA

3y 4m

NPP 2y 6m

Lengthy – breached suspended sentence

Attempted to break into residential premises with adult son – tried front door and back area twice – little planning – towards less serious end of offending

History of drug addiction as an adult – institutionalised – poor behaviour in custody – some prospects of rehabilitation

Sentencing judge erred in referring to SNPP for attempt offence

Ridegway

(42)

[2016] NSWCCA 184

s.112(2)Aware persons present

PG

(25%)

4y

NPP 2y 9m

AA

3y

NPP 2y

Significant – breached parole and bond

SNPP 5 years

Female - Broke into home while occupants sleeping and stole property – no violence – no planning

Dysfunctional background including sexual abuse - delay in charging – gender dysphoria but forced to reside in male prison

 

 

 

Multiple Aggravated Break Enter & Steal

s.112(2) Aggravated break and enter and commit serious indictable offence-20y.
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 there is person(s) in dwelling
Standard Non-Parole Period: Section 112(2) - 5 years

NAME

(age if known)

OFFENCECIRCUMSTANCES OF AGGRAVATIONPLEASENTENCEAPPEALRECORDINVOLVEMENT & SUMMARY

Oliver

(31)

[2005] NSWCCA 6

 

[2005] NSWCCA 27

s.112(2)

 

s.112(1)

 

Sched:

4 offences

In company

PG

(25% on appeal)

5y

NPP 3y

AA

4y 6m

NPP 2y 6m

 

Adjustment made in to reduce effective length of concurrent 3y FT.

Significant – breached bail

Broke into homes with co-offenders stealing property

Drug addiction

Byrne

(31)

[2005] NSWCCA 141

2 x s.112(2)

 

3 x s.112(1)

s.113(1)

 

Sched:

18 offences

Maliciously inflict ABH

PG

(50% with assist)

6y

NPP 4y

AD

Extensive record

Breached bail and parole

SNPP 5 years

Broke into houses and stole property – Malicious infliction of actual bodily harm on one occupant – Aware occupant home in another offence

Difficult childhood with sexual abuse – Drug addiction - Extensive assistance in unrelated matters

Mougin

(27)

[2005] NSWCCA 146

5 x s.112(2)

 

s.113(1)

 

Sched:

7 related offences

 PG

6y 6m

NPP 4y 6m

ADSubstantial record – breached parole

SNPP 5 years

Broke into office buildings on weekends with co-offenders - $87,580 worth of property stolen

Andrews

(40)

[2005] NSWCCA 199

 

Co-offender:

CONNOR

6 x s.112(2)In company

PG

(25%)

5y 4m

NPP 4y

AA

4y 8m

NPP 3y 6m

Lengthy record for dishonesty

SNPP 5 years

With co-offender broke into sporting clubs at night

Failure to consider early personal history – insufficient discount for voluntary confession of guilt – poor health

Bellamy

(18, 22)

[2005] NSWCCA 329

2 x s.112(2)

 

Sched:

7 offences

In company

PG

(25%)

3y 11m

NPP 3y

ADLengthy record for similar offences – breached parole

SNPP 5 years applied to second offence

Broke into clothing shop with co-offenders and stole clothes – 4 years later broke into computer shop and stole $42,500 worth of computer equipment

Disturbed childhood leading to early drug addiction – genuine remorse – strong prospects of rehabilitation

Connor

(2005) 158 A Crim R 389

 

Co-offender:

ANDREWS

5 x s.112(2)In company

PG

(25%)

4y 8m

NPP 3y 6m

AA

4y

NPP 3y

Serious interstate record – breached conditional liberty

SNPP 5 years

Broke into Sports Clubs with co-offender and stole money from poker machines

Failure to consider personal history

Bern. Morris

(20)

 

 

 

 

 

Br. Morris

(19)

 

 

 

 

Snelson

(22)

 

[2008] NSWCCA 182

2 x s.112(2)

s.111(2)

 

Sched:

2 x take and drive conveyance

 

2 x s.112(2)

 

Sched:

2 x take and drive conveyance

 

2 x s.112(2)

 

Sched:

2 x take and drive conveyance

In company

PG

 

 

 

 

 

 

PG

 

 

 

 

 

PG

4y

NPP 3y 6m

 

 

 

 

 

4y

NPP 2y

 

 

 

 

4y 8m

NPP 2y 6m

AA

4y

NPP 2y 9m

 

 

 

 

AD

 

 

 

 

 

AD

Minor offences – breached bond

 

 

 

 

 

Very minor  - breached bond

 

 

 

 

Minor offences

SNPP 5 years

Offenders drove out to property knowing occupants away – broke into two premises and stole property – took two additional vehicles to transport property – very expensive equipment stolen – Bern. Morris returned with 4 juveniles to steal more property – offences below mid-range

Aboriginals with derived upbringing – History of drug and alcohol abuse – all in relationship and fathers of children - Br. Morris better prospects of rehabilitation

Donn

(23)

[2010] NSWCCA 20

s.112(2)

 

Attempt s.113(2)

 

Sched:

2 x s.112(2)

s.112(1)

In company

PG

(25%)

6y 6m

NPP 5y

AA

6y 6m

NPP 4y 3m

Poor record – breached parole for similar offence

SNPP 5 years

Broke into club and stole property at night – broke into same club with three co-offenders using sledge hammer and bolt cutters – broke into another club and pathology premises with co-offenders – attempted unsuccessfully to break into third club

Difficult background – drug user – psychotic at time of arrest

McKillop

(37)

[2010] NSWCCA 126

6 x s.112(2)

 

9 x s.112(1)

 

Sched:

139 offences

 

PG

(25%)

17y

NPP 12y

ADBreached suspended sentence

SNPP 5 years

Professional burglar - $1.9m property found in house – broke into residential properties and ransacked premises – on many occasions residents at home and asleep – stole cars from premises – many victims elderly

Strickland

(24)

 

 

O'Connor

(20)

 

[2011] NSWCCA 166

s.112(2)

 

3 x s.112(1)

 

 

s.112(2)

2 x s.112

Receiving

In company

PG

(15%)

6y 7m 6d

NPP 4y 6m

 

 

5y 10m 6d

NPP 3y 9m

AA

5y 6m

NPP 3y 6m

 

5y

NPP 3y

BES, possess drugs

 

Agg BES, assault

SNPP 5 years

S broke into properties whilst O acted as "lookout" – stole jewellery, money and computers - below "mid-range."

S: Aboriginal – troubled background

SJ erred in structuring sentence and failed to take into account matters could be dealt with in Local court.

Flick

(26)

[2012] NSWCCA 170

2 x s 112(2)

 

Sched:

BE&S; Goods in custody

Knowing person present

PG

(25%)

5y 3m

NPP 3y 9m

AA

4y 3m

NPP 2y 3m

Lengthy.  BE&S, resist police, possess stolen property.

SNPP 5 years

Broke into shed, took keys and entered home knowing residents asleep inside – broke into second home through laundry window knowing residents asleep – rummaged through rooms, taking various items.

Drug issues.

Totality and accumulation on existing sentence

Warner

(28)

[2013] NSWCCA 10

2 x s.112(2)

 

Sched:

Receiving

 

s.166:

traffic offences

 PG

4y

NPP 2y 6m

ADIncluded break and enter offences – breached conditional liberty

SNPP 5 years

While intoxicated broke into shops and stole small amounts of alcohol and snack food – smashed front windows with pavers to gain entry

Aboriginal – deprived childhood – early drug and alcohol addiction – low intelligence - high risk of re-offending

Vandeventer

(18)

[2013] NSWCCA 33

4 x s.112(2)

 

s.113(2)

 

PG

(30% with assist)

Total

5y 6m

NPP 3y 9m

ADSimilar offences.

SNPP 5 years

Offences committed at locations closed for business at time of break-in - no persons present - cash and property stolen - motive to obtain money, or goods that could readily be sold to buy drugs to feed addiction - degree of planning involved but rudimentary and spontaneous kind.

Homeless at age 12y – mental illness caused by drug use – special circumstances

Langbein

(22)

[2013] NSWCCA 88

 

[2013] NSWCCA 100

s.112(2) BE Mal Damage

 

s.112(2) BES

 

Drive disqualified

 

Sched:

2 similar offences

 

PG

(25%)

4y 6m

NPP 3y

 

3y

NPP 2y 3m

 

Total:

6y

NPP 4y 6m

AA

(to adjust degree of accumulation)

 

 

 

Total:

4y 9m

NPP 3y 3m

Breached bond – poor record for property offences

SNPP 5 years

Broke into café, caused $23,847 damage and stole property – broke into wine cellar and caused damage – attempted to break into bottle shop – broke into second café and caused damage and stole property

Some evidence of rehabilitation – father to three small children

Brough

(29)

[2013] NSWCCA 110

2 x s.112(2)In company

PG

(25%)

3y 8m

NPP 2y 2m

ADSerious record – at liberty 10m of previous 12y – breached parole

SNPP 5 years

Broke into pharmacy and retail shop with two co-offenders

Drug abuse and institutionalised

Clarke

(25)

[2013] NSWCCA 260

2 x s.112(2)In companyVG

6y

NPP 3y 6m

AA

5y

NPP 3y

Nil significant

SNPP 5 years

Ram raid on motor cycle shop - stole motorcycles from second shop

Sentence imposed on co-offender lenient but raised parity

Dudgeon

[2014]

NSWCCA 301

2 x s.112(2)

Deprive of liberty

Inflict violence

PG

(25%)

7y

NPP 5y

AA

5y

NPP 3y

Lengthy - armed robbery – breached parole.

SNPP 5 years

Two home invasions whilst armed with knife – assaulted occupant

Dying of terminal cancer

Ilievski

[2014] NSWCCA 321

10 x s.112(2)

 

3 x s.113(2)

 

Dispose property

 

Sched:

6 x s.112(2) / 113(2)

In company

PG / VG

(10%)

16y

NPP 10y

AA

10y

NPP 6y

 

SNPP 5 years

With co-offenders broke into commercial properties at night and stole property – offences committed over 8 months – efficient and clearly organised – mid-range offences

Intellectual disability

Avery

(18, 20)

[2015] NSWCCA 50

2 x s.112(2)

 

s.154A(1)(b)

In company

PG

(45% plea and assist)

4y 4m

NPP 2y6m

ADSimilar

SNPP 5 years

With 2 co-offenders broke into club through glass doors and stole alcohol – two years later forced entry into residential home with 3 males in early hours of morning – male occupant assaulted until unconscious by co-offender – joint criminal enterprise

Aboriginal with deprived background

A103

[2015] NSWCCA 210

4 x s 112(2)

 

Sched:

15 offences

In company

PG

(40% plea and assist))

10y

NPP 7y

AA

6y

NPP 4y

 

SNPP 5 years

With number of other offenders broke into licensed premises, usually by smashing or forcing open door or glass panel - offenders worked together to remove cigarette machines, automatic teller machines and a TAB machine - used stolen vehicles which were subsequently damaged or destroyed - amount of property stolen substantial -significant damage caused.

Manifestly excessive - offences committed at night when relevant premises were closed and did not involve violence against any person.

Hoskins

(36)

[2015] NSWCCA 245

2 x s 112(2)

 

Sched:

4 x BES

Larceny

In company

PG

(40% with assist)

5y

NPP 2y 6m

AA

4y

NPP 2y

Sexual assault - attempted robbery - violence offences - breach AVO - most offences committed as a juvenile

SNPP 5 years

With co-offender broke into funeral parlour stealing television – also broke into home stealing television and other items.

Aboriginal background – drug abuse

 Last updated: 15.5.2017

 

  

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