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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 -ss.113(1), 113(2) & 113(3)  

 

Break and Enter with intent to Commit an Offence 

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

NAME

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Turner

[2004] NSWCCA 260

s.113(1) (steal)

PG

(20% on appeal)

3y 4m

NPP 2y 6m

AA

3y

NPP 2y 3m

Breached paroleAfter argument with father broke into home through window – fled when occupant returned

Callaghan

(2006) 160 A Crim R 145

2 x s.113(1) (steal)PG

2y

NPP 12m

ADBreached paroleOn two separate occasions broke into video store – no property stolen

Sharpe

(26)

[2007] NSWCCA 217

s.113(1) (steal)

 

Sched:

3 offences

PG

3y 6m

NPP 2y

ADSignificant 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) (steal)

PG

(15%)

1y 8m

NPP 1y 3m

ADNumber of BE offences.  On parole.

Broke into garage of unit with co-offender using crowbar.

Parity argument rejected.

Last updated: 15.5.2017

 

 

 

Aggravated Break and Enter with intent to Commit Serious Indictable Offence

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

(age if known)

OFFENCECircumstance of AggravationPLEASENTENCEAPPEALRECORDFACTS

Ditfort

(32)

[1999] NSWCCA 442

s.113(2) (steal)In companyPG

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

 PG12m 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

ADNil

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 companyPG

3y 9m

NPP 2y

(6m concurrent)

Crown ADBreached 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

ADBreached 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

ADLengthy record for dishonesty offences – breached paroleAttempted 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 occupiedPG

4y 6m

NPP 3y 4m

ADLengthy 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

ADMinor 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

Last updated: 15.5.2017

 

 

 

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

(age if known)

OFFENCECircumstance of AggravationPLEASENTENCE APPEALRECORDFACTS

Guthrie

(27)

[2002] NSWCCA 77

s.113(3) (steal)

 

Sched:

Possess unauth firearm

Armed with dangerous weapon

PG

(just under 20% on appeal)

4y 6m

NPP 3y

Crown AA

6y 6m

NPP 4y 6m

Lengthy record including firearmsAttempted 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)

 

(2004) 145 A Crim R 361

NSWCCA

s.113(3) (steal)

 

 

s.113(3)

Wounding

PG

(20%)

 

PG

(20%)

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)

 

[2009] NSWCCA 91

s.113(3) (steal)

 

Sched:

Take and drive conveyance

 

s.113(3) (steal)

 

Sched:

Take and drive conveyance

In company

Armed with dangerous weapon

PG

(25%)

 

 

 

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) [2009] NSWCCA 91

Smith

(27)

[2011] NSWCCA 209

s.113(3) (steal)

 

Sched:

Assault

Wounding

PG

(15%)

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

Last Updated: 15.5.2017

 

 

 

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