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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(1)   

Break and Enter & Commit Serious Indictable Offence (not Steal)

s.112(1) Break and enter and commit serious indictable offence - 14y

Name
(age if known)

OffencePleaSentence at First InstanceResult on AppealSummary of RecordInvolvement & Summary

Taylor

(21)

NSWCCA

27.4.1998

BE commit AOABH

 

Sched:

Agg cruelty to animal

PG

MT 2m

AT 22m

Crown AD

(inadequate but dismissed in exercise of discretion)

Assault – thefts - burglary

Forced way into flat of 62y woman – Pushed victim - Flung victim's dog killing animal

Tragic background – Aboriginal - Mental illness.

Rapley

(22)

NSWCCA

27.5.1988

BE commit malicious damagePG

MT 12m

AT 8m

ADNil relevant

Parents advised they were to divorce as mother had fallen in love with another man - offender upset - went to other man's home causing $45,000 damage - surrendered to police

Suffering abnormality of mind

Hoskins

(20)

[2000] NSWCCA 415

BE commit AOABH

 

Sched:

Carried in conveyance

PG

MT 3y

AT 3y

AA

5y

NPP 2y 3m

lengthy

Went to home of estranged partner – mother of offender's 3y son - punched victim asking for child's whereabouts

Deprived background.

Fernando

(21)

[2004] NSWCCA 147

BE and commit act of indecency

PG

(not quantified)

9y 6m

NPP 7y 1m 16d

ADBreached parole

Broke into home of 29y female and started touching her in bed – struggle resulted in injuries to victim's back from broken glass

Aboriginal with deprived childhood

Banditt

(2004) 151 A Crim R 215

BE and commit sexual assaultVG

5y

NPP 3y

ADOne prior for different offence

Broke into home of cousin at night – forced intercourse in bed

Out of character

Turner

[2006] NSWCCA 166

BE and AOABH

PG

(25%)

2y

NPP 18m

ADOn bail and bond - possess weapon - destroy property - resist police

Broke into home of female acquaintance – during struggle bit Victim around mouth and on face.

Alcohol and cannabis abuse - mental illness.

Croaker

(2008) 190 A Crim R 15

BE and AOABH

 

Sched:

2 x mal damage

PG

(25%)

3y

NPP 2y 3m

AA

2y 8m

NPP 2y

Numerous assaults

Broke into home of estranged partner – pushed V – threw chair striking V.

SJ erred in taking into account use of weapon (chair) as aggravating factor.

King

(23)

[2011] NSWCCA 46

BE malicious damage by fire

PG

(10%)

6y 3m 18d

NPP 3y

ADBreached bond

Broke into business premises at night and started fire – disgruntled employee - $1.6m damage

Physically and emotionally abusive childhood

Marshall

[2013] NSWCCA 16

BE and Intimidate

 

AOABH

 

Sched:

Enter vehicle without consent

PG

3y

NPP 18m

 

Total:

3y 4m

NPP 22m

ADLengthy – breached paroleFound by resident in laundry in early hours of morning – assaulted resident and threatened to use a syringe and spray can

Martin

[2013] NSWCCA 24

BE and AOABH

PG

(25%)

1y 3m

NPP 6m

AA

GBB 6 months

Nil

Female - punched female in face after entering Victim's home – V was with offender's boyfriend – two year tumultuous relationship with boyfriend - on night of incident offender mistreated by boyfriend – emotional response to earlier events

Very strong subjective case – youth - good character – little likelihood of reoffending - offence out of character – sentence manifestly excessive.

Cameron

(53)

[2013] NSWCCA 224

BE and destroy property with fire

PG

(25%)

4y 10m

NPP 3y

ADMinor

After confrontation with brother broke into brother's rural home and destroyed property with fire – planning – house and contents destroyed

Depressed and intoxicated – immediate confession to police – made 000 call - good prospects of rehabilitation

Martinez

(28)

[2015] NSWCCA 5

BE and destroy property with fire

 

Sched:

Obtain property by deception

PG

(39% - plea and assist.)

3y 10m

NPP 2y

ADDamaging property offenceOrganised and assisted two men to break into business premises and set fire - $150,000 damage – considerable planning – paid $8,000

 

 

Break Enter & Steal - Single Offence

s.112(1) Break and enter and commit serious indictable offence - 14y

Name
(age if known)

OffencePleaSentence at First InstanceResult on AppealSummary of RecordFacts

Dineen

NSW CCA

25.2.1998

BES

 

Sched:

2 offences

PG

MT 2y 3m

AT 2y

ADLengthy and appalling criminal record including similar offences

Broke into dwelling house in early hours of morning when occupants asleep.

Young man recently become a father - remorse.

Karagiannis

(24)

NSW CCA

27.5.1998

BES

 

Sched:

2 x mal damage

PG

MT 18m

AT 6m

ADExtensive record including BES - offence committed while on recog, parole and bail

Broke into service station and stole money and cigarettes - involved with three co-offenders.

Partial concurrence with existing sentence.

Appleby

[1999] NSWCCA 157

BESPG

MT 12m

AT 12m

ADMany prior convictionsIn company of four friends drove vehicle through front door of business and stole computers.

Tuatara

[1999] NSWCCA 242

BESPG

MT 12m

AT 18m

ADEscapee at time of offence

Female escaped from prison and broke into premises by forcing open locked window. - stole $3,500 worth of property.

Youth - sad and unsettled personal circumstances - aggravated by escape.

Douglas

(25)

[1999] NSWCCA 345

BESPG

MT 2y

AT 2y

AA

MT 15m

AT 9m

Criminal record – no prior custody

Broke into house while occupants away with five co-offenders and stole $32,000 worth of property - property stored at offender's home.

Father of five young children – Aboriginal - Assistance to police

Elemes

[2000] NSWCCA 235

BESVG

MT 2y 6m

AT 2y 6m

ADPrior record

Ram-raided motorcycle shop and stole three motor cycles

Youth - first time in custody - some prospects of rehabilitation - difficult personal history - Aboriginal.

Lyons

(38)

[2000] NSWCCA 337

BESPG

MT 2y

AT 8m

ADOn parole at time of offence - lengthy criminal record including AR and BES

Broke into home by forcing rear door and stole property valued at $5,500 – all property recovered.

Long history of drug addiction and institutionalisation

McLennan

(38)

[2000] NSWCCA 407

BESVG

MT 1y

AT 18m

ADLarge number of dishonesty offences committed around same time

Female - Broke into flat previously occupied by friend by telling locksmith keys had been stolen.

Embarked on criminal offending late in life after turbulent and abusive relationship.

Skornia

[2000] NSWCCA 422

BESPG

MT 2y

AT 2y

ADDishonesty - offences committed while on bail$27,000 worth of property stolen – element of planning.

Radic

(25)

(2001) 122 A Crim R 70

BESPG

3y 4m

NPP 2y 6m

AA

3y

NPP 1y 9m

Priors including BES - on bail pending appeal at time of offence

Broke into shed of residential property and stole electric drill – Originally sentenced on basis stole jewellery as well.

Health problems - drug addiction - strict protection.

Tayfun

[2001] NSWCCA 417

BES

 

Sched:

2 offences

PG

3y

NPP 2y

ADSimilar offences - recently released to parole

No facts.

Drug addiction

Van Dam

(23)

[2001] NSWCCA 507

BESPG

3y

NPP 12m

AA

(backdated to take into account PSC)

Lengthy record - breached probationFemale - no facts

Maher

(21)

[2002] NSWCCA 100

BESVG

4y

NPP 3y

(cumulative to existing sentence)

AA

4y

NPP 2y 3m

Criminal record - on bond

Broke into Woolworths store with co-offenders.

Disrupted childhood

Hassen

[2002] NSWCCA 25

BESVG

4y

NPP 3y

ADLengthy - similar matters – breached bondBroke into home stealing $1000 worth of goods.

Richards

[30]

[2002] NSWCCA 84

BES

 

Sched:

other offences

PG

(25%)

3y

NPP 2y

(includes concurrent term for breach of suspended sentence)

ADServing suspended sentence for similar offence – subsequently breached bail – significant number of prior convictions for similar offences

Stole property from home of 77y female in retirement village

Illness in family exceptional circumstances

Proud

(28)

[2002] NSWCCA 219

BES

 

Sched:
4 x BES

PG

(25%)

6y

NPP 4y 6m

ADExtensive record for dishonesty offences

Broke into home of 68y old female - stole $40,000 cash - stole further property worth $42,000 from other homes

Difficult childhood -life downhill after separation from wife

Garvey

(18)

(2003) 142 A Crim R 194

BES

PG

(25% on appeal)

4y

NPP 2y

AA

3y

NPP 15m

Prior convictions for similar offences – breached bail

Broke into warehouse and stole equipment valued at $25,000 – Fire started but extinguished by security guard

Frequent user of marijuana since 13y – Good character evidence – Prospects of rehabilitation

Jackson

[2004] NSWCCA 110

BESPG

18m

(partially cumulative to another sentence)

AA

Only to adjust commencement dates

 

Broke into workshop and stole property

Suffering paranoid schizophrenia – Originally sentence for ongoing supply prohibited drug – re-sentenced after successful conviction appeal

Kay

[2004] NSWCCA 130

BESPG

2y 9m

NPP 1y 6m

ADPrior convictions

Broke into shop and stole 10 digital cameras worth $19,300 – no property recovered – delay before involvement discovered through DNA – dealt with as part of course of criminal conduct already dealt with

Evidence of rehabilitation

Niass

(36)

[2004] NSWCCA 149

BESVG

2y

NPP 15m

Suspended

Crown ADUnusual criminal history – lengthy 10 year gap – breached CSO

Broke into factory and loaded bob-cat onto truck – well planned – supplied truck and metal ramps

Disturbed background – delay – reasonable prospects of rehabilitation

Rose

(28)

[2004] NSWCCA 326

BES

 

Sched:

2 offences

PGs 11 Deferral sentenceCrown ADLengthy – stealing, dishonesty – breached conditional liberty.

Broke into residential premises stealing various goods and sold for money.

Drug addiction – commenced using drugs at age 14.

4 months pre-sentence custody and 8 months rehabilitation program.

Pitt

(31)

[2004] NSWCCA 454

BESPG

18m

NPP 9m

ADMinor

Female – broke into house with partner and stole $14,230 – intellectually dominant offender

Aboriginal with violent childhood – sole carer of young child – absconded after arrest

Baleisuva

(22)

[2004] NSWCCA 344

BES

PG

(25%)

6y

NPP 3y

AA

5y

NPP 2y 6m

Includes AR – breached parole and bondStood look out while three co-offenders broke into commercial premises – Drove off in stolen motor car – Not involved in planning

Castles

(28)

(2005) 152 A Crim R 277

BES

 

Sched:

BES

PG

(25% on appeal)

3y

NPP 2y 3m

AA

2y 8m

NPP 1y 8m

'Very extensive' - 6 BES offences

BES taking jewellery and electrical equipment – identified by DNA – no recollection of offence

Harsh upbringing – left school early – sexually abused – drugs from 12 but has stopped using heroin – low IQ (71) - protective custody

Lawrence

[2005] NSWCCA 91

BES

PG

(25%)

2y 3m

NPP 18m

ADLengthy record

Broke into home and stole stereo – 74y occupant awoke and saw offender

Female aborigine with violent and deprived background

Shorten

(42)

[2005] NSWCCA 106

BESPGFT 3yADLengthy record for similar offences – breached parole

Broke into residential home and stole jewellery, cash and computer games

Institutionalised – requested no non-parole period – delay

Mouzomenos

[2005] NSWCCA 203

BESPG

2y

NPP 15m

ADPrior convictions – no custodial sentencesForced entry into home of female acquaintance with co-offender and stole property

Gardner

(27)

[2005] NSWCCA 383

BES

PG

(25%)

2y

NPP 12m

ADExtensive record for dishonesty and property offences – breached conditional liberty

Female - Broke into residential home and stole $15,000 worth of property

Mental health problems – 5 children – some evidence of rehabilitation

Hoswell

(27)

[2006] NSWCCA 70

BES

PG

(25%)

2y 8m

NPP 2y

ADLengthy

Broke into home unit and stole property

Some evidence of rehabilitation and remorse

Grace

(33)

[2006] NSWCCA 286

BESPG

3y

NPP 18m

AA

2y 6m

NPP 1y 3m 15d

Lengthy – breached parole for similar offences

Broke into IT section of hospital with co-offender – lesser offender

Disturbed background – drug abuse - parity

Pekbilimli

[2007] NSWCCA 101

BES

 

Sched:

BES

PG

5y

NPP 2y 6m

ADBreached parole for BESBroke into church preschool and stole collection money

Sultana

[2007] NSWCCA 107

BES

 

Sched:

2 x BE offences

PG

2y 6m

NPP 16m

AA

(to backdate sentence)

 No details provided

Dodds

(35)

[2009] NSWCCA 191

BES

PG

(15%)

4y 3m

NPP 2y 1m

ADSimilar offencesBroke into house and stole property worth $40,000

Morrison

(31)

(2009) 197 A Crim R 103

BES

PG

(25%)

3y 9m

NPP 2y 3m

AA

3y 3m

NPP 1y 11m

Similar offences – conditional liberty

Broke into residential house and stole property – property unrecovered – some degree of planning

Some prospects of rehabilitation – deserted by family in Year 6

Williams

(47)

[2010] NSWCCA 15

BESVG

5y

NPP 3y 9m

ADBES, assault, drug offencesBroke into home of artist and art restorer – stole number of valuable artworks and other valuable items worth $120,000 – items were later found stored in a friend's garage.

France

(35)

[2010] NSWCCA 24

BES

PG

(25%)

3y 9m

NPP 2y 9m 27d

ADExtensive record including similar offences – breached parole

Broke into department store and stole property worth $29,889.85

Difficult childhood including sexual abuse – drug addiction

Paese

[2010] NSWCCA 178

BES

PG

(15%)

5y 7m

NPP 3y 10m

ADLengthy - violence, firearms, stealing.Broke into residence with two co-offenders knowing occupants at home – took small amount of money - high degree of force used to enter premises – highly threatening and menacing to victims.

Allan

(36)

[2010] NSWCCA 213

BESVG

4y

NPP 2y 6m

AA

3y 3m

NPP 2y

Extensive criminal recordEntered house and stole laptop and wallet – offence at lower end of scale

Sotheren

(39)

[2011] NSWCCA 68

BES

PG

(25%)

4y

NPP 2y 6m

AA

3y 9m

NPP 2y

Manslaughter - agg robbery inflict GBH - robbery inflict ABH

Broke into V's home in broad daylight – took jewellery and cash – low objective seriousness.

Drug addiction – strong subjective features - harsh upbringing and background.

O'Neill

(43)

[2012] NSWCCA 22

BES

 

Mal damage

PG

3y 9m

NPP 2y 9m

(concurrent FT)

ADExtensive record – breached bail for similar offencesBroke into school, stole and damaged property.

Newton

(41)

[2014] NSWCCA 41

BES

PG

(25%)

3y

NPP 18m

ADLengthy record – breached conditional liberty

Broke into granny flat at home of acquaintance – stole property and motor bike – lower end of seriousness – no damage

In custody for most of past 23 years – chronic substance abuse

McCabe

[2016] NSWCCA 7

BES

PG

(25%)

4y 6m

NPP 2y6m

AA

3y 4m

NPP 1y 10m

Breached bail – record for similar offences

Entered unit by smashing window – apprehended by police leaving unit with property – below mid-range seriousness

History of mental illness and drug abuse - remorse

Dittavong

[2017] NSWCCA 191

​BES​PG

(25%)

​5y

NPP 3y 7m

​AA

(only to backdate sentence)

Offence committed after parole revoked​Entered residential property and stole goods – slightly below mid-range

Drug addiction and anxiety and depressive condition

 Last updated: 21/8/2017

 

Multiple Break Enter & Steal

s.112(1) Break and enter and commit serious indictable offence - 14y 

Name
(age if known)

OffencePleaSentence at First InstanceResult on AppealSummary of RecordInvolvement & Summary

Granger

NSWCCA

30.3.1998

2 x BES

 

Sched:

BES

PG

MT 26m 2w

AT 9m 2w

(+2m PSC)

ADPrior convictions, including gaol for abduction - one offence committed on bail.

Broke into shops and stole property and money - damage done to stores - most property recovered

Motivated by loan repayments.

Polden

(20)

 

 

 

 

Mitchell

(female)

(25)

 

NSWCCA

13.11.1998

3 x BES

 

Sched:

Mal Damage

LMV

 

2 x BES

PG

 

 

 

 

 

PG

MT 4y

AT 3y

 

 

 

 

MT 3y

AT 3y

AA

MT 1y 9m

AT 2y 3m

 

 

 

MT 2y

AT 2y

Less serious – no gaol.

 

 

 

 

Lengthy convictions for dishonesty offences.

Male and female broke into Post Office and stole money and property - used oxyacetylene torch to open safe - both broke into residential property and stole $44,000 worth of goods - P broke into shed on another occasion.

P under the influence of M - motivated by desire to set up house and win custody of M's children.

Muir

[1999] NSWCCA 71

8 x BES

 

BE/I

PG

MT 4y

AT 16m

AD

Sentence severe but within discretion.

Priors for similar offences.Comparatively young male committed offences around time being sentenced for similar offences - total property value $114,000.

Maxwell

(21)

[1999] NSWCCA 298

4 x BES

 

Sched:

20 offences

PG

MT 2y 3m

AT 1y 9m

ADJuvenile record for dishonesty and drug offences.Male and co-offender broke into commercial and residential premises - $59,000 property stolen - $17,500 recovered.

Garland

(22)

[1999] NSWCCA 410

BES

 

BE w/ I

 

Sched:

SMV

Unlicensed driver

VG

MT 2y

AT 18m

(cumulative to existing sentence)

AA

MT 18m

AT 2y

(to take into account existing sentence)

Criminal history for dishonesty and drug offences

Broke into business premises and attempted to break open safe - stole cash, tobacco and cigarettes - later broke into another business premises but could find nothing of value to steal.

Young man with prospects of rehabilitation.

Scott

(24)

[1999] NSWCCA 434

3 x BES

2 x VG

 

PG

MT 3y 9m

AT 2y

ADVery bad record - 2 offences committed on bail.Male broke into three premises over 18 months.

Johnson

(26)

[1999] NSWCCA 431

7 x BES

 

Sched:

12 x BES

2 x BE/I

5 other offences

PG

MT 3y

AT 3y

ADExtensive criminal record including gaol for BES offences.Sad and dysfunctional personal and family background

Ponfield

(28)

[1999] NSWCCA 422

3 x BES

 

Sched:

Possess CBI

FTA

PG

18m GBB

500h CSO

Crown AA

MT 6m

AT 18m

Priors for BES and other offences - later offence committed on bail

Male admitted breaking into two residential premises when found in car with stolen goods - some goods unrecovered and damage done to premises - admitted third offence one year later when found by police carrying stolen property in floral pillowcase.

Good rehabilitation

Shaw

(23)

(2001) 121 A Crim R 25

3 x BES

 

Sched:

3 offences

PG

(25% on appeal)

MT 4y

AT 1y 4m

AA

4y

NPP 2y 6m

Serving parole at time of offences - lengthy record

Broke into residential properties and stole $3,448 worth of property - arrested after high speed car chase as unlicensed driver.

Father of two children - early plea and admissions - evidence of good prospects of rehabilitation.

Johnston

(25)

[2001] NSWCCA 93

4 x BES

 

Sched:

5 offences

PG

4y

NPP 3y

ADLengthy criminal record

Stole property from houses - bored and needed money to finance addiction.

Protection because of threats.

Dunn

(24-25)

[2001] NSWCCA 134

5 x BES

 

Sched:

Stealing

Early PG

MT 2y

AT 8m

AA

2y 8m

NPP 20m

Offences committed while serving recognisance - lengthy record including BES

Broke into residential homes and stole property valued at over $40,000 - damage done to homes.

Long history of drug addiction

NPP should be reduced to take into account existing sentence.

Pyrda

(21)

[2001] NSWCCA 230

3 x BES

 

Sched:

8 matters (incl. 3 x BE with intent)

PG

3y

NPP 16m

AA only to backdate sentenceRecord for dishonesty - on parole when offences committed

Broke into 3 professional rooms and obtained $140 cash.

Failure to backdate.

Watego

[2001] NSWCCA 236

3 x BES

 

Sched:

5 offences

PG

(25%)

3y 9m

NPP 2y 9m

AA

3y 9m

NPP 2y

LongBroke into 3 residential premises and stole electrical goods.

Andreassen

[33]

[2001] NSWCCA 246

2 x BES

PG

(25%)

3y 9m

NPP 21m

ADLengthy record for dishonesty offences - on bond and bail at time of offences

Stole goods from two caravans.

Itinerate lifestyle with significant drug and alcohol problems.

Carter

[27]

[2001] NSWCCA 245

2 x BES

PG

(25% on appeal)

5y

NPP 3y

AA

4y

NPP 2y 3m

Related to drug addiction

Broke into residential properties and stole goods - at second house struggled with occupant and attempted to escape.

Protective custody - prospects of rehabilitation.

Tarpey

(20)

[2001] NSWCCA 300

6 x BES

 

Sched:

8 offences

PG

(25%)

8y

NPP 5y

AA

6y

NPP 3y 9m

Previous record; heroin addiction

Broke into various premises stealing various property

Pearce applied - youthful offender - multiple offences - reference to statistics

Barakat

(35)

[2001] NSWCCA 366

4 x BESPG

2y 7m 2w

NPP 2y 3m

ADLengthy including similar offences

Broke into residential premises - no property recovered

Unsatisfactory work record - Emotional instability and depression - Short parole period imposed to allow desired return to Lebanon.

Ravet

(29)

[2001] NSWCCA 535

2 x BES

 

BE w/ I

PG

2y

NPP 12m

2y GBB

Crown AD

(evidence of post-sentence rehabilitation)

Lengthy - on parole for robbery in company

Broke into shops outside trading hours - forced open security shutters.

Some evidence of rehabilitation from drug abuse

Vitsos

(32)

[2001] NSWCCA 528

5 x BESPG

4y

NPP 3y

ADNo real assistance although no real convictions since 1997

Broke into and ransacked residential properties - total value of stolen property $28,370

Some evidence of rehabilitation from drug abuse

Fitzgerald

(26)

[2002] NSWCCA 99

2 x BES

 

Sched:
2 x Mal damage

PG

(15%)

3y 4m

NPP 2y 6m

ADLengthy record

Broke into clubs with co-offender - $70,000 damage to property.

Diabetic

Juricic

(29)

[2002] NSWCCA 170

4 x BES

 

Sched:

Possess prohibited drug

PG

3y

NPP 2y 3m

ADPrior record in NSW and Vic - Breached bail and bond

Broke into home of elderly lady while she was absent in hospital - Also broke into motel, hotel and caravan park

Erratic and tension filled childhood

Bolter

(21)

[2002] NSWCCA 417

2 x BESPG

4y

NPP 3y

ADLengthy record - breached parole and bailFemale - Found in separate residential premises on two occasions - Stole money and jewellery

Challis

(23-25)

[2003] NSWCCA 48

5 x BES

 

Sched:

8 x BES

PG

6y

NPP 4y 6m

ADBreached parole, and 2 suspended sentences

Broke into commercial and office premises

Little hope of rehabilitation

O'Heir

(18)

[2003] NSWCCA 126

10 x BES

 

Sched:

4 offences

PG

5y

NPP 3y

ADBreached parole and bailAboriginal with extremely deprived and disadvantaged childhood – Protective custody – Drug dependent

Clarke

[2003] NSWCCA 184

2 x BES

 

Sched:

9 offences

PG

3y

NPP 2y

ADSignificant record

Broke into factory and stole property – Took and used cheques – Broke into student dwelling and stole property

Fresh evidence as to developmental disability and mild mental retardation not significant

Williams

(32)

[2004] NSWCCA 64

2 x BES

 

s.113(1)

s.113(2)

 

Sched:

6 offences

PG

(50% assist and plea)

s 11 Deferral sentenceADExtensive – stealing, drugs, dishonesty.

Broke into premises stealing office equipment to value of $15k and $1,300.

Serious drug problem – advised would receive custodial sentence at conclusion of deferral period.

Parker

(25)

[2004] NSWCCA 115

2 x BES

 

Sched (no details)

PG

(20%)

5y

NPP 3y

AA

4y

NPP 2y 6m

Not stated but had received bonds – breached bonds

Broke into two houses – one with female co-offender – no cash stolen

No recollection of second count, due to heroin and Serapax – Dysfunctional family – remorse – undergoing drug treatment

Newman

[2004] NSWCCA 113

3 x BES

 

Sched:

2 x GIC

PG

(12.5%)

4y 11m

NPP 3y 5m

ADAppalling

Broke into dwelling houses stealing computer equipment, jewellery and household items to value of $15,500

Deprived background – Drugs – Institutionalised.

Argent

(35)

[2004] NSWCCA 270

8 x BES

 

BE w/I

 

Sched:

3 offences

PG

(25%)

5y 6m

NPP 4y

AA

5y 6m

NPP 3y 6m

Lengthy, including armed robbery – breached bail

Numerous BES of business premises around city – substantial money taken

Unstable family background – Drugs

Henry

(26-7)

[2004] NSWCCA 306

2 x BES

 

Sched:
6 offences

PG

4y

NPP 3y 3m

AA

4y

NPP 2y 6m

Lengthy

Broke into jewellery shop and house – 3 further break and enter offences on Schedule

Aboriginal with history of violence, disadvantage and early drug abuse

Bettler

(45)

[2004] NSWCCA 418

2 x BES

 

Sched:
4 x similar offences

PG

(25%)

4y

NPP 3y

ADLengthy – breached bondStole ATM with money from Clubs – planning – part of serious course of criminal conduct

Thompson

(22)

[2005] NSWCCA 41

6 x BES

 

s.111(1)

 

Sched

10 offences

PG

(25%)

5y

NPP 3y 3m

ADPriors for similar offences – breached conditional liberty

Broke into residential homes – offences committed over 3 weeks

Protective custody – drug addiction - remorse

McRae

(40)

[2005] NSWCCA 13

6 x BES

 

Sched:

6 x BES

Att BES

PG

(25%)

8y 6m

NPP 5y

ADLengthy - breached bond

Over 7 months broke into commercial premises after first disabling alarms – stole $80,000 worth of property – $49,000 property damage

Depression and substance abuse after two motor vehicle accidents – Voluntary disclosure of guilt

Danuca

(34)

[2005] NSWCCA 45

7 x BES

 

Sched:

11 offences

PG

(20%)

8y

NPP 6y 6m

AA

8y

NPP 5y 6m

Offences committed in Switzerland

Over 8 months broke into residential houses and stole portable safes - $781,640 property stolen – received information from employee of NRMA

Albanian Muslim – financial and familial hardship – some psychological problems from traumatic experiences in Kosovo

Saboune

(40)

[2005] NSWCCA 92

3 x BES

PG

(25%)

4y 6m

NPP 2y 6m

ADLengthy – breached bond and parole

Residential break-ins – no property recovered – mid-range of seriousness

Poor literacy – heroin addiction – married with children

Johnstone

(21)

[2005] NSWCCA 80

4 x BES

 

Sched:

7 offences

PG

(25%)

5y

NPP 3y 9m

AA

5y

NPP 3y

Numerous – breached bail

Broke into houses to fund ecstasy habit

Youth – turned to drugs following mother's death - now free of drugs – estranged from family

Stewart

[2005] NSWCCA 290

2 x BESPG

3y 6m

NPP 1y 6m

AA

Sentence backdated 3m

'Significant' – mainly related to drugs or getting $ to fund addiction

Burglaries of residential premises (one in company)

Drug free – special circumstances

Humphries

(20)

[2005] NSWCCA 305

3 x BES

 

Sched:
7 similar offences

PG

(25%)

3y

NPP 18m

ADMinor

Broke into workshop and building sites with brother

Good prospects of rehabilitation

Malik

(34)

[2005] NSWCCA 334

2 x BES

PG

(50% with assist)

18m

NPP 15m

ADLengthy – including imprisonment

Broke into residential properties and stole personal property

Longstanding addiction – no error in ratio of non-parole period to total sentence

MacBain

(34/37)

[2005] NSWCCA 358

2 x BES

 

Sched:

7 offences

PG

(25%)

5y 3m

NPP 3y

AA

Only to backdate sentence

Extensive – priors for BES – Breached parole

Broke into business premises – 3 years later broke into home

Protective custody – drug addiction

Lay

(20)

[2006] NSWCCA 45

18 x BES

 

2 x Att BES

 

Larceny

 

Sched:

12 similar offences

PG

(see [27])

4y 3m

NPP 2y 9m

Crown AA

5y 6m

NPP 3y 6m

Criminal record – breached parole for AR

With co-offender broke into numerous business premises in rural areas – well planned offences – repeated offences – substantial value of property taken

Unsettled background – considerable delay

Buddle

(36)

[2006] NSWCCA 236

7 x BES

 

Sched:

3 x dispose stolen prop

PG

6y

NPP 4y

ADPoor – breached parole

Broke into dwelling places and stole property.

Drug addiction

Ayoubi

[2006] NSWCCA 364

12 x BES

 

BE W/I

 

Steal and attempt to break out

 

Sched:

14 offences

PG

(25%)

5y

NPP 3y

ADBreached bonds for dishonesty offences

Broke into commercial premises and one residential premises – stole $88,000 over 6 weeks – stayed in department store after closing and stole computer

Psychological deficits resulting from serious assault

Shepherd

(52)

[2007] NSWCCA 166

2 x BESPG

3y

NPP 2y 3m

AA

3y NPP 2y

Significant record

Broke into home and shed and stole property

Drug and alcohol addiction – mental illness

Watts

(23)

[2007] NSWCCA 153

11 x BES

 

3 x s.113(1)

 

Mal damage

 

Sched:

23 Offences

PG

(25%)

11y

NPP 7y

AA

8y

NPP 6y

Record including BES

Offences committed over several months

Low intellect – drug addiction

Arnold

(34-5)

[2007] NSWCCA 188

3 x BES

 

Sched:

3 offences

PG

(25%)

5y

NPP 3y

ADExtensive criminal record – breached bond and bail

Female – broke into residential units and stole property – third offence committed 15 months later

Drug and alcohol abuse

Lewins

(36)

[2007] NSWCCA 189

4 x BES

 

Sched:

44 offences

PG

10y

NPP 7y

AA

8y

NPP 5y 6m

Lengthy record for dishonesty offences – AR

Professional thieves stealing from commercial premises

Parity

Curtis

(33)

[2008] NSWCCA 200

4 x BES

PG

(25%)

4y 9m

NPP 2y 9m

ADLengthy - similar offences.

Broke into four residences over ten days – Stole money, jewellery, electronic equipment and firearms.

Drug addiction.

Chandler

(32)

[2008] NSWCCA 240

12 x BES

 

2 x BE w/I

PG

(25%)

5y 6m

NPP 3y 6m

ADExtensive – similar offences – breached conditional liberty

Broke into residential properties and stole

Asperger's, personality disorder and polysubstance abuse – co-operated with police

Burnett

(38)

[2011] NSWCCA 276

3 x s.112(1)

 

s.113(1)

 

SMV

 

Sched:
5 offences

PG

(25%)

5y 3m

NPP 3y 11m 7d

ADBreached conditional liberty – lengthy record

Broke into residential premises and stole property on two occasions – stared to break into third residential property but just stole quad bike – broke into shop and stole property

Drug addiction

McGoldrick

[2012] NSWCCA 7

3 x BES

 

Sched:

Multiple offences

PG

(25%)

5y

NPP 3y 9m

ADRecord – breached parole and bailBroke into residential premises and stole property to fund drug addiction

Hernandez

(37)

[2013] NSWCCA 51

7 x s.112(1)

 

s.113(1)

 

Impair electronic communications

 

Sched:

25 further offences

PG

13y 6m

NPP 9y

ADRecord in USAArrived from South America for short time – broke into fast food restaurants cutting cables and disabling alarms – stole $136,351 cash – gambling problem

Morgan

(29)

[2014] NSWCCA 284

9 x s.112(1)

 

 

s.91H(2)

 

Sched:

16 related offences

PG

(25%)

 

PG

(10%)

11y

NPP 6y 6m

 

(indicative sentence for s.91H offences – 18m)

ADDriving offences

Broke into private homes and stole cash, jewellery and electronic goods – found in possession of 780 images and 41 videos of child abuse

Funding drug abuse and gambling

Dickinson

(28)

[2016] NSWCCA 301

5 x s.112(1)

 

Sched:

4 x BES

Attempt BES

PG

Agg:

7y 6m

NPP 5y

AA

Commencement date changed - sentence confirmed.

Similar offences, assault officer.

Broke into houses - offences committed during day - two offences committed whilst owner at home - most homes ransacked – took money  and jewellery – value around $100k

Difficult upbringing – drug abuse.

Last Updated: 11/5/2017

 

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