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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 - 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​Offence​Plea​Sentence​Result on Appeal​Summary of Record​Involvement & Summary
Taylor
(21)
NSW CCA
27.4.1998
BE commit AOABH
Sched:
Aggravated 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)
NSW CCA
27.5.1988
BE commit malicious damage
PG
MT 12m
AT 8m
AD
nil relevant
Parents advised they were to divorce as mother had fallen in love with another man - appellant upset - went to other man's home causing $45000 damage - surrendered to police
Suffering abnormality of mind
Hoskins
(20)
NSW CCA [415]
18.10.2000
BE commit AOABH
Sched:
Carried in conveyance
PG
MT 3y
AT 3y
AA
5y
NPP 2y 3m
lengthy
Went to home of victim (estranged partner) with whom appellant had three year old son - punched victim asking for child's whereabouts.
Deprived background.
Fernando
(21)
NSW CCA [147]
13.5.2004
BE and commit act of indecency
PG
9y 6m
NPP 7y 1m 16d
AD
Breached parole
Broke into home of 29y female and started touching her in bed - Struggle resulted in injuries to complainant's back from broken glass
Aboriginal with deprived childhood
Banditt
NSW CCA [208]
4.8.2004
BE and commit sexual assault
VG
5y
NPP 3y
AD
One prior for different offence

Broke into home of cousin at night - Forced intercourse in bed
Out of character
Turner
NSW CCA [166]
24.5.2006
BE and AOABH
PG
2y
NPP 18m
AD
On bail and bond. Possess weapon, destroy property, resist police
Broke into home of V, a female acquaintance - during struggle bit V around mouth and on face.
Alcohol and cannabis abuse; mental illness.
Croaker
NSWCCA [232]
7.11.2008
BE and AOABH
Sched:
2 x mal damage
PG
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)

NSW CCA
46]

24.3.2011

BE malicious damage by fire

PG

6y 3m 18d

NPP 3y
AD Breached bond

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

Physically and emotionally abusive childhood

Marshall

NSWCCA [16]

13.2.3013

BE and Intimidate

AOABH

 

Sched:

Enter vehicle without consent
PG

3y

NPP 18m

 

Total:

3y 4m

NPP 22m
AD Lengthy – breached parole Found by resident in laundry in early hours of morning – assaulted resident and threatened to use a syringe and spray can

Martin

NSWCCA [24]

7.3.2013

BE and AOABH PG

1y 3m

NPP 6m

AA

GBB 6 months (s.9 C(SP)A)
Nil

Female - punched female V in face after entering V’s home – V was with A’s boyfriend with whom A had been in tumultuous relationship for 2 years – on night of incident A had been 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

​AD​Minor
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

​AD​Damaging property offence​Organised and assisted two men to break into business premises and set fire - $150,000 damage – considerable planning – paid $8,000

 

 

Multiple Break Enter & Steal

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

Name
Offence
Plea
Sentence at First Instance
Result on Appeal
Summary of Record
Involvement & Summary
Granger
NSW CCA
30.3.1998
2 x BES

Sched:
BES
PG MT 26m 2w
AT 9m 2w
(+2m PSC)
AD Prior 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)

NSW CCA
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
NSW CCA [71]
12.4.1999
8 x BES
1 x 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)
NSW CCA [298]
15.9.1999
4 x BES

Sched:
20 offences
PG MT 2y 3m
AT 1y 9m
AD Juvenile 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)
NSW CCA [410]
10.12.1999
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 effect of cumulation)
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)
NSW CCA [434]
16.12.1999
3 x BES VG
(PG to one offence)
MT 3y 9m
AT 2y
AD very bad record - 2 offences committed on bail. Male broke into three premises over 18 months.
Johnson
(26)
NSW CCA [431]
16.12.1999
7 x BES

Sched:
12 x BES
2 x BE/I
5 other offences
PG MT 3y
AT 3y
AD extensive criminal record including gaol for BES offences. Sad and dysfunctional personal and family background
Ponfield
(28)
NSW CCA [422]
16.12.1999
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 to 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 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)
NSW CCA [93]
23.3.2001
4 x BES

Sched:
5 offences
PG 4y
NPP 3y
AD lengthy criminal record Stole property from houses.
Committed offences because bored and needed money to finance addiction.
Protection because of threats.
Dunn
(24-25)
NSW CCA [134]
2.4.2001
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 cumulation to existing sentence.
Pyrda
(21)
NSW CCA [230]
20.6.2001
3 x BES

Sched:
8 matters (incl. 3 x BE with intent)
PG 3y
NPP 16m
AA only to backdate sentence record for dishonesty - on parole when offences committed Broke into 3 professional rooms and obtained $140 cash.
Failure to backdate.
Watego
NSW CCA [236]
25.6.2001
3 x BES

Sched:
5 offences
PG 3y 9m
NPP 2y 9m
AA
3y 9m
NPP 2y
Long Broke into 3 residential premises and stole electrical goods.
Andreassen
[33]
NSW CCA [246]
27.6.2001
2 x BES PG 3y 9m
NPP 21m
AD lengthy 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]
NSW CCA [245]
27.6.2001
2 x BES PG 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)
NSW CCA [300]
6.8.2001
6 x BES

Sched:
8 offences
PG 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)
NSW CCA [366]
14.9.2001
4 x BES PG 2y 7m 2w
NPP 2y 3m
AD lengthy 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)
NSW CCA [535]
6.12.2001
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
Fitzgerald
(26)
NSW CCA [99]
11.2.2002
2 x BES

Sched:
2 x Mal damage
PG 3y 4m
NPP 2y 6m
AD lengthy record Broke into clubs with co-offender - $70,000 damage to property.
Diabetic
Juricic
(29)
NSW CCA [170]
8.5.2002
4 x BES

Sched:
Possess prohibited drug
PG 3y
NPP 2y 3m
AD prior 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)
NSW CCA [417]
8.10.2002
2 x BES PG 4y
NPP 3y
AD lengthy record - breached parole and bail Female - Found in separate residential premises on two occasions - Stole money and jewellery
Challis
(23-25)
NSW CCA [48]
26.2.2003
5 x BES

Sched:
8 x BES
PG 6y
NPP 4y 6m
AD Breached parole, and 2 suspended sentences Broke into commercial and office premises
Little hope of rehabilitation
O'Heir
(18)
NSW CCA [126]
2.5.2003
10 x BES

Sched:
4 offences
PG 5y
NPP 3y
AD Breached parole and bail Aboriginal with extremely deprived and disadvantaged childhood - Protective custody - Drug dependent
Clarke
NSW CCA [184]
1.7.2003
2 x BES

Sched:
9 offences
PG 3y
NPP 2y
AD Significant 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
Newman
NSW CCA [113]
23.4.2004
3 x BES

Sched:
2 x GIC
PG 4y 11m
NPP 3y 5m
AD Appalling Broke into dwelling houses stealing computer equipment, jewellery and household items to value of $15,500 - At each house cut himself and left blood to which police matched DNA.
Deprived background - Drugs -Institutionalised.
Argent
(35)
NSW CCA [270]
10.8.2004
8 x BES
1 x BE w intent to steal

Sched:
3 offences
PG 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
Parker
(25)
NSW CCA [115]
6.4.2004
2 x BES

Sched (no details)
PG 5y
NPP 3y
AA
4y
NPP 2y 6m
Not stated but had received bonds - breached bonds BES of two houses, one w/ female co-offender - no cash stolen
No recollection of second count, due to heroin and Serepax - Dysfunctional family - remorse - undergoing drug treatment
Henry
(26-7)
NSW CCA [306]
30.8.2004
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)
NSW CCA [418]
25.11.2004
2 x BES

Sched:
4 x similar offences
PG 4y
NPP 3y
AD Lengthy - breached bond Stole ATM with money from Clubs - planning - part of serious course of criminal conduct
Thompson
(22)
NSW CCA [41]
18.2.2005
6 x BES
s.111(1)

Sched
10 offences
PG 5y
NPP 3y 3m
AD Priors for similar offences - breached conditional liberty Broke into residential homes - offences committed over 3 weeks
Protective custody - drug addiction - remorse
McRae
(40)
NSW CCA [13]
25.2.2005
6 x BES

Sched:
6 x BES
Att BES
PG 8y 6m
NPP 5y
AD Lengthy - 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)
NSW CCA [45]
7.3.2005
7 x BES

Sched:
11 offences
PG 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)
NSW CCA [92]
10.3.2005
3 x BES PG 4y 6m
NPP 2y 6m
AD Lengthy - breached bond and parole 3 x residential break-ins - none recovered - mid-range of seriousness
Poor literacy - heroin addiction - married with children
Johnstone
(21)
NSW CCA [80]
14.3.2005
4 x BES

Sched
7 offences
PG 5y
NPP 3y 9m
AA
5y
NPP 3y
Numerous - breached bail Broke into houses to fund ecstasy habit - turned to drugs following mother's death
Youth - drugs but now free of drugs - estranged from family
Stewart
NSWCCA [290]
22.8.2005
2 x BES PG 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)
NSW CCA [305]
6.9.2005
3 x BES

Sched:
7 similar offences
PG 3y
NPP 18m
AD Minor Broke into workshop and building sites with brother
Good prospects of rehabilitation
Malik
(34)
NSW CCA [334]
12.9.2005
2 x BES PG 18m
NPP 15m
AD Lengthy - 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)
NSW CCA [358]
20.10.2005
2 x BES

Sched:
7 offences
PG 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)
NSW CCA [45]
6.3.2006
18 x BES
2 x Att BES
Larceny

Sched:
12 similar offences
PG 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)
NSW CCA [236]
3.8.2006
7 x BES

Sched:
3 x dispose stolen prop
PG 6y
NPP 4y
AD Poor - breached parole Broke into dwelling places and stole property.
Drug addiction
Ayoubi
NSW CCA [364]
24.11.2006
12 x BES
BE W/I
Steal and attempt to break out

Sched:
14 offences
PG 5y
NPP 3y
AD Breached 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)
NSW CCA [166]
19.6.2007
2 x BES PG 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)
NSW CCA [153]
14.6.2007
11 x BES
3 x s.113(1)
Mal damage

Sched:
23 Offences
PG 11y
NPP 7y
AA
8y
NPP 6y
Record including BES Offences committed over several months
Low intellect - drug addiction
Arnold
(34-5)
NSW CCA [188]
29.6.2007
3 x BES

Sched:
3 offences
PG 5y
NPP 3y
AD Extensive 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)
NSW CCA [189]
4.7.2007
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)
NSW CCA [200]
29.8.2008
4 x BES PG 4y 9m
NPP 2y 9m
AD Lengthy. Similar offences. Broke into four residences over ten days - Stole money, jewellery, electronic equipment and firearms.
Drug addiction.
Chandler
(32)
NSW CCA [240]
20.10.2008
12 x BES
2 x BE w/I
PG 5y 6m
NPP 3y 6m
AD Extensive -similar offences -breached conditional liberty Broke into residential properties and stole
Aspergers, personality disorder and polysubstance abuse - co-operated with police

Burnett

(38)

NSWCCA [276]

16.12.2011

3 x s.112(1)

s.113(1)

SMV

 

Sched:
5 offences

PG

(25%)

5y 3m

NPP 3y 11m 7d
AD Breached 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

NSWCCA [7]

13.2.2012

3 x BES

 

Sched:

Multiple offences

PG

(25%)

5y

NPP 3y 9m
AD Record – breached parole and bail Broke into residential premises and stole property to fund drug addiction

Hernandez

(37)

NSWCCA [51]

1.3.2013

7 x s.112(1)

s.113(1)

Impair electronic communications

 

Sched:

25 further offences
PG

13y 6m

NPP 9y
AD Record in USA Arrived 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

 

 

 

Break Enter & Steal - Single Offence

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

Name

Offence

Plea

Sentence at First Instance

Result on Appeal

Summary of Record

Facts

Dineen
NSW CCA
25.2.1998

BES

Sched:
2 offences

PG

MT 2y 3m
AT 2y

AD

lengthy 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

AD

extensive 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
NSW CCA [157]
11.6.1999

BES

MT 12m
AT 12m

AD

many prior convictions

In company of four friends drove vehicle through front door of business and stole computers.

Tuatara
NSW CCA [242]
28.6.1999

BES

PG

MT 12m
AT 18m

AD

escapee 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)
NSW CCA [345]
25.10.1999

BES

PG

MT 2y
AT 2y

AA
MT 15m
AT 9m
(includes discount for assistance)

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
NSW CCA [235]
2.6.2000

BES

VG

MT 2y 6m
AT 2y 6m

AD

prior record

Ram-raided motorcycle shop and stole three motor cycles
Youth; first time in custody; some prospects of rehabilitation; sad and difficult personal history; aboriginal.

Lyons
(38)
NSW CCA [337]
12.7.2000

BES

PG

MT 2y
AT 8m

AD

on 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)
NSW CCA [407]
4.10.2000

BES

VG

MT 1y
AT 18m

AD

large 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
NSW CCA [422]
11.10.2000

BES

PG

MT 2y
AT 2y

AD

dishonesty - offences committed while on bail

$27,000 worth of property stolen - element of planning.

Radic
(25)
(2001) 122 A Crim R 70

BES

PG

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
NSW CCA [417]
15.10.2001

BES

Sched:
2 offences

PG

3y
NPP 2y

AD

similar offences - recently released to parole

No facts.
Drug addiction

Van Dam
(23)
NSW CCA [507]
12.12.2001

BES

PG

3y
NPP 12m

AA
(backdated to take into account PSC)

lengthy record - breached probation

Female - no facts

Maher
(21)
NSW CCA [100]
11.2.2002

BES

VP

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 - cumulation

Hassen
NSW CCA [25]
15.2.2002

BES

VG

4y
NPP 3y

AD

lengthy. Similar matters - breached bond

Broke into home stealing $1000 worth of goods.

Richards
[30]
NSW CCA [84]
21.3.2002

BES

Sched:
other offences

PG

3y
NPP 2y
(includes concurrent term for breach of suspended sentence)

AD

Serving 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)
NSW CCA [219]
24.5.2002

BES

Sched:
4 x BES

PG

6y
NPP 4y 6m

AD

extensive 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)
NSW CCA [226]
12.8.2003

BES

PG

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
NSW CCA [110]
21.4.2004

BES

PG

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
NSW CCA [130]
5.5.2004

BES

PG

2y 9m
NPP 1y 6m

AD

Prior 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)
NSW CCA [149]
14.5.2004

BES

VG

2y
NPP 15m
Suspended

Crown AD

Unusual 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

Pitt
(31)
NSW CCA [454]
5.10.2004

BES

PG

18m
NPP 9m

AD

Minor

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)
NSW CCA [344]
13.10.2004

BES

PG

6y
NPP 3y

AA
5y
NPP 2y 6m

Includes AR - breached parole and bond

Stood look out while three co-offenders broke into commercial premises - Drove off in stolen motor car - Not involved in planning

Castles
(28)
NSW CCA [79]
14.3.2005

BES

Sched
BES

PG

3y
NPP 2y 3m

AA
2y 8m
NPP 1y 8m

'very extensive', inc 6 BES

BES taking jewellery and electrical equipment - identified by DNA - no recollection of offence - protective custody
Harsh upbringing - left school early - sexually abused - drugs from 12 but has stopped using heroin - low IQ (71)

Shorten
(42)
NSW CCA [106]
24.3.2005

BES

PG

FT 3y

AD

Lengthy record for similar offences - breached parole

Broke into residential home and stole jewellery, cash and computer games
Institutionalised - requested no non-parole period - delay

Lawrence
NSW CCA [91]
11.3.2005

BES

PG

2y 3m
NPP 18m

AD

Broke into home and stole stereo - 74y occupant awoke and saw offender
Female aborigine with violent and deprived background

Mouzomenos
NSW CCA [203]
17.6.2005

BES

PG

2y
NPP 15m

AD

Prior convictions - no custodial sentences

Forced entry into home of female acquaintance with co-offender and stole property

Gardner
(27)
NSW CCA [383]
10.11.2005

BES

PG

2y
NPP 12m

AD

Extensive 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)
NSW CCA [70]
24.3.2006

BES

PG

2y 8m
NPP 2y

AD

Lengthy

Broke into home unit and stole property
Some evidence of rehabilitation and remorse

Grace
(33)
NSW CCA [286]
28.9.2006

BES

PG

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
NSW CCA [101]
16.5.2007

BES

Sched:
BES

PG

5y
NPP 2y 6m

AD

Breached parole for BES

Broke into church preschool and stole collection money

Sultana
NSW CCA [107]
22.5.2007

BES

Sched:
2 x BE offences

PG

2y 6m
NPP 16m

AA
(to backdate sentence)

No details provided

Dodds
(35)
NSW CCA [191]
16.7.2009

BES

PG

4y 3m
NPP 2y 1m

AD

Similar offences

Broke into house and stole property worth $40,000

Morrison
(31)
NSW CCA [211]
25.8.2009

BES

PG

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

France
(35)
NSW CCA [24]
24.2.2010

BES

PG

3y 9m
NPP 2y 9m 27d

AD

Extensive record including similar offences - breached parole

Broke into department store and stole property worth $29,889.85
Difficult childhood including sexual abuse - drug addiction

Williams
(47)
NSWCCA [15]
16.2.2010

BES

PG

5y
NPP 3y 9m

AD

BES, assault, drug offences

Broke 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.

Paese
NSW CCA [178]
2.9.2010

BES

PG

5y 7m
NPP 3y 10m

AD

Lengthy. Violence, firearms, stealing.

BES of residence with two cooffenders 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)
NSW CCA [213]
17.10.2010

BES

VG

4y
NPP 2y 6m

AA
3y 3m
NPP 2y

Extensive criminal record

Entered house and stole laptop and wallet - offence at lower end of scale

Sotheren

(39)

NSW CCA [68]

11.4.2011

BES

PG

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)

NSWCCA [22]

29.2.2012

BES Mal damage

PG

3y 9m

NPP 2y 9m

(concurrent FT)

AD

Extensive record – breached bail for similar offences

Broke into school, stole and damaged property.

Newton

(41)

[2014] NSWCCA 41

2.4.2014

​BES​PG (25%)3y

NPP 18m

​AD​Lengthy record – breached conditional libertyBroke 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