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Legal Research > Sentencing Tables

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Break and Enter -ss.113(1), 113(2) & 113(3)  

Break and Enter with intent to Steal - Multiple

s.113(1) break and enter with intent to commit serious indictable offences - 10y

Name

Offence

Plea

Sentence at First Instance

Result on Appeal

Summary of Record

Involvement & Summary

Callaghan


(2006) 160 A Crim R 145

2 x BE W/I to steal

PG

2y
NPP 12m

AD

Breached parole

On two separate occasions broke into video store - no property stolen

 
 

Break and Enter with intent to Steal - Single

s.113(1) break and enter with intent to commit serious indictable offences - 10y

Name
Offence
Plea
Sentence at First Instance
Result on Appeal 
Summary of Record 
Facts 

Turner


NSW CCA [260]
30.6.2004

s.113(1)

PG

3y 4m
NPP 2y 6m

AA
3y
NPP 2y 3m

Breached parole

After argument with father broke into home through window - fled when occupant returned

Sharpe
(26)


NSW CCA [217]
22.5.2007

s.113(1)

Sched:
3 offences

PG

3y 6m
NPP 2y

AD

Significant record for BES offences - breached parole for agg BES - offence committed 3 days after release

Broke into garages in home unit complex - offence at lower end of scale of seriousness
Drug and alcohol addiction -difficult childhood

Ha


[2009] NSWCCA 31

s. 113(1)

PG

1y 8m
NPP 1y 3m

AD

Number of BE offences. On parole.

Broke into garage of unit with cooffender using crowbar.

Parity argument rejected.

 
 

Aggravated Break and Enter with intent to Commit Serious Indictable Offence (not Steal)

s.113(2) aggravated break and enter with intent to commit serious indictable offences - 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 there is person(s) in dwelling

Name Offence Plea Sentence at First Instance Result on Appeal Summary of Record Involvement & Summary

Elmir
(33)




Salami
(30)

NSW CCA [192]
2.7.2003

Agg BE with intent to commit AOABH (infliction of corporal violence)
s.59 AOABH

Agg BE with intent to commit AOABH (infliction of corporal violence)
.59 AOABH

PG





PG

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

 

 

Aggravated Break and Enter with intent to Steal - Single

s.113(2) aggravated break and enter with intent to commit serious indictable offences - 14ys.
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

Name
Offence
Circumstance of Aggravation
Plea
Sentence at First Instance
Result on Appeal
Record
Facts

Ditford
(32)


NSW CCA [442]
22.12.1999

s.113(2)

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)


NSW CCA [533]
4.12.2001

s.113(2)

Sched:
AOABH

Not specified

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


NSW CCA [306]
26.10.2003

s.113(2)

Not specified

PG

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

Lenthall aka York (26)


NSWCCA [248]
5.8.2004

s.113(2)

Sched:
3 offences

In company

PG

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 w co-offenders

Pettersen
(25)


NSW CCA [91]
6.4.2009

s.113(2)
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)

Haydon
(25)

 

NSWCCA [151]
16.7.2012

s.113(2)

 

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

Petersen
(30)

 

NSWCCA [20]
13.2.2013

s.113(2)

 

Sched:

3 car offences

 

Conspiracy to BES in agg circumstances

In company

PG

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

 

NSWCCA [161]
5.7.2013

s.113(2)

Premises occupied

PG

4y 6m

NPP 3y 4m

AD

Lengthy record – breached parole of 10 days for serious offences

SNPP 5y
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)

 

NSWCCA [318]

12.12.2013

 

Co-offender:
MITCHELL

s.113(2)

 

Sched

Larceny

Carried in conveyance

In company

PG

2y 3m
NPP 1y 3m

AA
9m

NPP 6m

Each: Children Court matters dealt with by fines, probation.

Brothers - offenders at night walking past the premises of an audio-electronics business - seeing a vehicle parked in the yard the offenders entered the yard, started the vehicle and drove away – later returned and entered the premises to steal tools and music equipment .

"at the lower end of the range" of objective seriousness.

Manifestly excessive – young adult offenders - No previous custody.

Mitchell
(40)

 

NSWCCA [63]
17.4.2014

 

Co-offenders:
MITCHELL
MITCHELL

s.113(2)

 

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 the premises to steal tools and music equipment - lower end of the range

Senior offender

 

 

 

Huynh

[2015] NSWCCA 179

​s.113(2)

 

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

 
 

Specially Aggravated Break and Enter with intent to Steal - Single

s.113(3) specially aggravated break and enter with intent to commit serious indictable offences - 20y
s.105A(2) circumstances of special aggravation: wounds or maliciously inflicts GBH; armed with dangerous weapon

Name
Offence
Circumstance of Aggravation
Plea
Sentence at
First Instance
Result on Appeal
Record
Facts

Guthrie
(27)


NSW CCA [77]
21.3.2002

s.113(3)

Sched:
Possess unauth firearm

Armed with dangerous weapon

PG

4y 6m
NPP 3y

Crown AA
6y 6m
NPP 4y 6m

Lengthy record including firearms

Attempted to use altered truck to remove ATM with co-offender- Arrested after struggle where offender produced gun - Instigator - Carefully planned offence - Major criminal activity

Newman
(23)

Simpson
(female)
(22)

NSW CCA [102]
19.4.2004

s.113(3)


s.113(3)

Wounding

PG


PG

8y
NPP 5y

5y 6m
NPP 3y

AD


AD

Significant record

Minor record for violence - breached bond

Female attended home of male acquaintance at night - Obtained entry by pretending to seek spiritual counselling - Complainant assaulted by two male co-offenders and threatened with knife
KS - 2 young children

Bendt
(20)





Fell

(30)

NSW CCA [91]
6.4.2009

s.113(3)

Sched:
Take and drive conveyance


s.113(3)

Sched:
Take and drive conveyance

In company
Armed with dangerous weapon

PG



 



PG

 

5y 3m
NPP 3y
(recommendation for referral to Drug Court)



5y 3m
NPP 3y

Crown AA
5y 9m
NPP 3y 3m



Crown AA
5y 9m
NPP 3y 3m

Breached parole - lengthy record



Breached parole -lengthy record

Four offenders broke into club and threatened cleaners with gun - B smashed glass door to enter - attempt made to break into ATM with concrete saw - F took possession of gun - police car chase followed by attempt to escape by foot
Remorse
Driver of car Petersen sentenced for s.113(2)

Smith
(27)

 

NSW CCA [209]

9.9.2011

s.113(3)

 

Sched:
Assault

Wounding

PG

6y 9m NPP 5y

AA
4y 3m
NPP 3y

Drugs, dishonesty

A’s mother had been receiving intimidating and harassing phone calls from N – A went with his mother and brother to N’s house – A took with him a piece of timber – A assaulted the wrong person, V, with the timber – V suffered injury to his forehead and body.

Alcohol and anger management issues.

SJ did not give adequate weight to provocation by N and motive – not a “mid-range” offence – manifestly excessive sentence