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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(2) 

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

Oliver
(31)
NSW CCA [6]
4.2.2005

NSWCCA [27]
14.2.2005

s.112(2)
s.112(1)

Sched:
4 offences

PG

5y
NPP 3y

AA
4y 6m
NPP 2y 6m

Significant - breached bail

Broke into homes with co-offenders stealing property Drug addiction NB Adjustment made in [No 2] to reduce effective length of concurrent 3y FT.

Byrne
(31)
NSW CCA [141]
14.4.2005

3 x s.112(1)
2 x s.112(2)
s.113(1)

Sched:
18 offences

PG

6y
NPP 4y

AD

Extensive record
Breached bail and parole

Offences committed after 1.2.2003
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)
NSW CCA [146]
18.4.2005

5 x s.112(2)
s.112(1)

Sched:
7 related offences

PG

6y 6m
NPP 4y 4m

AD

Substantial record - breached parole

Some offences committed after 1.2.2003
Broke into office buildings on weekends with co-offenders - $87,580 worth of property stolen

Andrews
(40)
NSW CCA [199]
20.5.2005

6 x s.112(2)

PG

5y 4m
NPP 4y

AA
3y 4m
NPP 2y 2m

Lengthy record for dishonesty

Offences committed after 1.2.2003
With co-offender broke into sporting clubs at night Failure to consider early personal history - Insufficient discount for voluntary confession of guilt - poor health

Baxter
(38)
NSW CCA [234]
28.6.2005

5 x s.112(1)
s.112(2)

Sched:
3 offences

PG

6y 6m
NPP 4y 6m

AD

Record for similar offence - breached suspended sentence

Broke into retail premises and residences -Broke into one home and had confrontation with elderly occupants

Bellamy
(18, 22)
NSW CCA [329]
14.9.2005

2 x s.112(2)

Sched:
7 offences

PG

3y 11m
NPP 3y

AD

Lengthy record for similar offences - breached parole

Second offence committed after 1.2.2003
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

5 x Agg BES

PG

4y 8m
NPP 3y 6m

AA
4y
NPP 3y

Serious interstate record - breached conditional liberty

Offences committed after 1.2.2003
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)

NSW CCA [182]
21.8.2008

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

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

Offences committed after 1.2.2003
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)
NSW CCA [20]
10.3.2010

Attempt s.113(2)
s.112(2)

Sched:
2 x s.112(2)
s.112(1)

PG

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)
NSW CCA [126]
11.6.2010

9 x s.112(1)
6 x s.112(2)

Sched:
139 offences

PG

17y
NPP 12y

AD

Breached 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 & O’Connor
(24), (20)

NSW CCA [166]
20.7.2011

Strickland:
1 x s.112(2)
3 x s.112

 

O’Connor:
1 x s.112(2)
2 x s.112
Receiving

Each:

PG

Strickland:
6y 7m 6d

NPP 4y 6m

 

O’Connor:
5y 10m 6d
NPP 3y 9m

AA
S:
5y 6m
NPP 3y 6m

 

O:

5y

NPP 3y

S: BES, possess drugs

 

O: Agg BES, assault

SNPP 5 years 
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)

NSW CCA [170]
17.8.2012

2 x s 112(2)

 

Sched:
BE&S; Goods in custody

PG

5y 3m

NPP 3y 9m

AA
4y 3m
NPP 2y 3m

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

SNPP 5 years
S 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 upon sentence of other offences resulted in manifestly excessive sentence.

Warner
(28)

NSWCCA [10]
13.2.2013

2 x s.112(2)

 

Sched:
Receiving

 

s.166:
traffic offences

PG

4y
NPP 2y 6m

AD

Included 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)

NSWCCA [33]
15.2.2013

4 x s.112(2)
1 x s.113(2)

 

PG

Total:
5y 6m
NPP 3y 9m

AD

Similar offences

SNPP 5 years
Offences committed at locations that had closed for business at the time of the break-in - no persons present - cash and property stolen - motive for the offences was to obtain money, or goods that could readily be sold to buy drugs to feed addiction - a degree of planning involved but of a rudimentary and spontaneous kind. Homeless at age 12 – mental illness caused by drug use – special circumstances

Langbein
(22)

NSWCCA [88] 26.4.2013

 

NSWCCA [100]
1.5.2013

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)

NSWCCA [110]
16.5.2013

2 x s.112(2)

PG
(25%)

3y 8m
NPP 2y 2m

AD

Serious 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)

NSWCCA [260]
8.11.2013

2 x s.112(2)

VG

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)​PG​2 x s.112(2)AA

5y
NPP 3y

​Lengthy.  Armed robbery. On parole.SNPP 5 years

Dying of terminal cancer – two home invasions whilst armed with knife.

In light of A's terminal illness and conditions of custody, and other considerations pertaining to need for palliative care, the already very lenient sentence imposed by sentencing judge should be moderated by a degree -  However, given the gravity of offending, court constrained to impose a sentence the effect of which will not result in the applicant's immediate release.

Ilievski

[2014] NSWCCA 321

10 x s.112(2)

3 x s.113(2)

Dispose property

 

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

​PG / VG16y

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)​PG

(25%)

​4y 4m

NPP 2y6m

​AD​SimilarSNPP 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 – 20% for assistance

A103

[2015] NSWCCA 210

4 x s 112(2)

Sched:
15 offences

PG(15%)

10y

NPP 7y

AA

6y

NPP 4y

(combined discount 40%)

SNPP 5 years

With a number of other offenders broke into licensed premises, usually by smashing or forcing open a door or glass panel - in each case offenders worked together to remove cigarette machines, automatic teller machines and in one instance a TAB machine - offences involved use of 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

PG

(combined 40%)

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 cooffender broke into funeral parlour stealing television – with cooffender broke into home stealing television and other items.

Aboriginal background – drug abuse


 

 

 

 

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

Cummins
(33)
NSW CCA
23.11.1998

s.112(2)

Sched:
2 x s.112(2)

Not specified

PG

MT 4y 6m
AT 1y 6m

AD

Lengthy record for serious offences

Forced entry into premises using fake search warrant with female co-offender - Ransacked premises and stole property - Schedule offences similar - Instigator

Bell
(34-5)
NSW CCA [423]
27.10.1999

s.112(2)

In company

PG

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)
NSW CCA [271]
21.6.2000

s.112(2)

Sched:
7 offences

In company
Armed with offensive weapon

PG

MT 7y
AT 3y

AD

extensive criminal record

Broke into nursing home with brother and used knife to steal from 78y male resident. Victim terrorised.
Early plea.

Brown
(17)
NSW CCA [548]
8.12.2000

s.112(2)

Sched:
s.113(1)

In company

PG

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)
NSW CCA [112]
28.3.2001

s.112(2)

Sched:
3 x BES

Infliction of corporal violence

PG

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)
NSW CCA [376]
8.8.2001

s.112(2)

In company

PG

3y 10m
NPP 2y 10m

AD

on 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
NSW CCA [377]
10.8.2001

s.112(2)

Sched:
13 offences

Not specified

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)

Not specified

VG

4y
NPP 2y 6m

AD

drug, property, driving and violent offences

Entered 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)
NSW CCA [118]
22.3.2002

s.112(2)

Armed with offensive weapon

VG

6y
NPP 3y

AD

escape custody, dishonesty, violence

Broke into private home. Owners returned. Appellant escaped brandishing screwdriver.
Drug addiction. Offence committed two months after release from custody of similar offence.

Duncan
(18)
NSW CCA [164]
8.5.2002

s.112(2)

Not specified

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)
NSW CCA [245]
20.6.2002

s.112(2)

Scehd:
Posses small qty cannabis

Not specified

PG

6y
NPP 4y

AD

stealing, acc 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)
NSW CCA [277]
27.6.2002

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

Prestwidge
(32)
NSW CCA [439]
8.11.2002

s.112(2)

Sched:
Larceny
4 x Att BES

Mal inflict GBH

PG

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)
NSW CCA [33]
21.2.2003

s.112(2)

Sched:
Possess 3.2g methylamphet

in company

PG

3y
NPP 1y 8m
PD

AA
2y 3m
NPP 14m
PD

no dishonesty or imp - breached bond

Broke into cafe 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)
NSW CCA [292]
1.10.2003

s.112(2)

Inflicted abh

PG

(effective sentence)
5y
NPP 2y 3m

AD

Appalling

Broke into home of 98y female - Knocked over occupant in escape
Need for drug rehabilitation

Swain
(20)
NSW CCA [364]
10.12.2003

s.112(2)

In company

VG

4y
NPP 2y

AD

Lengthy and serious - breached parole

Broke into school and stole computer equipment

Warren
(38)
NSW CCA [366]
10.12.2003

s.112(2)

Sched:
4 offences

In company

VG

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)
NSW CCA [39]
6.2.2004

s.112(2)

In company

PG

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)
NSW CCA [202]
28.6.2004

s.112(2)

Sched:
2 offences

Aware of presence of occupants

VG

4y
NPP 3y

AD

Extensive record - breached parole

Broke into home of sleeping female - Prepared property for removal then fell asleep
Aboriginal with drug problem - protective custody

Chen
NSW CCA [369]
25.10.2004

s.112(2)

In company

PG

4y
NPP 2y 6m

AD

Broke into house and stole property - threatened occupants with knife
Illegal immigrant from China

Dodd
NSW CCA [374]
2.11.2004

s.112(2)

Aware of presence of occupant

PG

8y
NPP 5y

AA
5y
NPP 2y 6m

Extensive record including similar off - breached bonds

Offence committed after 1.2.2003
Broke into home of sleeping female and stole money in bag - Unplanned offence Aboriginal with deprived childhood - Good prospects of rehabilitation

Ceissman
(31)
NSW CCA [466]
20.12.2004

s.112(2)

Sched:
2 offences

In company

PG

6y
NPP 3y

Crown AA
6y 6m
NPP 4y 6m

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

Offence committed after 1.2.2003
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
NSW CCA [12]
4.2.2005

s.112(2)

Sched:
PHBI

In company

PG

Not stated

4y 3m
NPP 2y 2m

Lengthy record - similar offences

Offence committed after 1.2.2003
Observed by occupant breaking into residential house with co-offender Long history of drug abuse - parity

BB
(16)
NSW CCA [215]
16.6.2005

s.112(2)

Sched:
Mal wound

Person present in house

PG

5y 6m
NPP 3y

AD

Significant - breached probation

Offence committed after 1.2.2003
Entered house and assaulted male occupant with fence picket - stole wallet Delay - need for intervention with multiple drug and behavioural problems

Huynh
(24)
NSWCCA [220]
17.6.2005

s.112(2)

PG

8y
NPP 5y
[4m PSC]

AA
5y 4m
NPP 3y 3m

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

Offence committed after 1.2.2003
Break-in in company, stealing $90-100,000 of property - restrained by Vs's son, an off-duty police officer, who came in by chance with a friend Vietnamese - fractured family - heroin user - remorse - seeking D&A treatment in custody - protective custody

Lewis
(25)
NSW CCA [300]
2.9.2005

s.112(2)

Sched:
2 offences

Person present in house

PG

4y 6m
NPP 2y 3m

AD

Drug, dishonesty and driving offences - no imprisonment - breached bonds

Offence committed after 1.2.2003
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
NSW CCA [401] 22.11.2005

s.112(2)

In company

VG

4y
NPP 2y 6m

AD

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

Diamantis
NSW CCA [433]
16.12.2005
s.112(2)

Sched:
6 Dishonesty off
In company PG 6y
NPP 4y
AD Serious - breached parole and bail

Offence committed after 1.2.2003
Broke into shop with co offender and stole computers

Bushara
(24)
NSW CCA [8]
6.2.2006

s.112(2)

Sched:
Take and drive conveyance

PG

4y
NPP 2y 6m

AA
3y 6m
NPP 2y

Priors for similar offences - breached drug court prog

Offence committed after 1.2.2003
Broke into house through open garage - attempted to leave in car
Failure to take into account PSC

Douglas
(20)
NSW CCA [94]
5.4.2006

s.112(2)

Sched:
Take and drive conveyance

In company

PG

3y 4m
NPP 1y 8m

AD

Lengthy record - recent improvement

With co-offenders broke into retail store at night and stole property
Remorse - good prospects of rehabilitation

Gibbs
(18y 6m)
NSW CCA [171]
21.6.2007

s.112(2)

Sched
BES

In company

PG

2y 3m
NPP 15m

AA
2y 6m
NPP 12m

Similar offences

Offence committed after 1.2.2003
Broke into house with two co-offenders - house occupied by sleeping mother and two children - one child awoke when someone entered room Aboriginal with difficult and neglected childhood - mother with mental illness -failure to take into account quasi custody

Maxwell
(33)
NSW CCA [304]
30.10.2007

s.112(2)

Sched:
Assault

Inflicted actual bodily harm

Use of weapon
Knew person present
Corporal violence

PG

5y
NPP 3y 4m

AA
4y
NPP 2y 6m

Lengthy record -breached bond

Offence committed after 1.2.2003
Broke into house and threw bottle at male occupant -assaulted victim -attempted to punch second male - threats made - stole wallet - motivated by domestic dispute between friend and his ex-partner

Nguyen
(35)
NSW CCA [219]
30.10.2008

s.112(2)

inflicted ABH

PG

5y
NPP 3y 9m

AD

BES offences - breached parole

Offence committed after 1.2.2003
Entered home through bedroom window - found by occupants searching wardrobe - bit male occupant on arm during struggle Schizophrenia

Kershaw
NSW CCA [19]
9.2.2006

s.112(2)

Knew person in house

PG

3y 9m
NPP 2y 9m

AA
3y
NPP 2y

Record - breached bond

Offence committed after 1.2.2003
Broke into home of 57y amputee aware occupant at home - spoke to occupant half hour before - intoxicated

Duane
(29)
NSW CCA [279]
26.11.2009

s.112(2)

Sched:
2 x AOABH

Recklessly inflicted abh

PG

6y
NPP 3y 6m

AD

Record for similar offences - breached a bond

Offence committed after 1.2.2003
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

Zammit
(20)
NSW CCA [29]
2.3.2010

s.112(2)

AOABH

PG

6y
NPP 3y

AA
5y
NPP 2y 6m

Traffic, mal damage

SNPP 5 years
With cooffender assaulted male victim who was in company of cooffender'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.

Kuehne
(30)

NSW CCA [101]
4.5.2011

s.112(2)

Stealing

VG

6 y 8m NPP 5y

AD

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

SNPP 5 years
Mid-range offence - With 2 cooffenders all wearing hoods broke into bakery and stole cash register and its 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

NSW CCA [289]
29.11.2011

s.112(2)

 

VG

5y
NPP 3y 3m

AD

 

SNPP 5 years

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

Madden
(24)

NSWCCA [254]
29.11.2011

s.112(2)

In company

PG

4y 6m
NPP 2y 6m

AD

Record

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)

NSWCCA [192]
29.8.2012

s.112(2)

 

Sched:
7 offences

In company

PG

3y 4m
NPP 1y 4m

Extension of time to appeal refused

drugs, dishonesty, firearms

SNPP 5 years
With two cooffenders, obtained V’s security access cards from V’s mailbox – gained access to V’s carpark in apartment block – took items from V’s cars and drove away. Under influence drugs.

Hanania
(20)

NSWCCA [220]
12.10.2012

s.112(2)

 

Sched:
Possess safebreaking implement
Damage property

In company

PG
(25%)

2y
NPP 12m

AD

Property 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)

 

NSWCCA [166]
13.8.2012

s.112(2)

 

Sched:
SMV
Burn MV

In company

PG

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 reserved into shop window – stole property – drove away them burned car – S was driver

S – Aboriginal with drug and alcohol abuse

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

Williams
(24)

 

NSWCCA [15]
8.2.2013

s.112(2)

 

Sched:
s 112(2)

In company

PG

4y
NPP 2y 9m

AD

Substantial

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 company

VG

3y 10m

NPP 2y 2m

AD

Record included break and enter offences

SNPP 5y
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

3y 9m

NPP 2y 3m

AD

Lengthy. 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 company

PG

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 company

VG

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

​AD​Lengthy recordSNPP 5 years

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

Difficult childhood

Bennett

(32)

[2014] NSWCCA 197

​s.112(2)Intimidation​PG​5y NPP 2yCrown 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.

McGeown

(36)

[2014] NSWCCA 314

s.112(2)

 

Sched:

3 offences

​In companyPG

(50%)

4y

NPP 1y 8m

​AD​Lengthy record – breached bail and bondsSNPP 5 years

Passenger in car used to ram into front window of pharmacy - stole drugs & $500

Long history of drug abuse

Sparkes

(23)

[2015] NSWCCA 203

​s.112(2)

s.154A

 

Sched:

3 offences

​In companyPG

(25%)

4y 10m

NPP 2y 10m

​ADDriving, aggravated assaults, aggravated break and enters, police pursuits, stealing motor cars.  On bail.SNPP 5 years

With co-offender - V and adult son asleep inside premises - A entered through fly screen door and main door, which was closed but not locked - A removed V's handbag and car keys - A 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 A had been in custody for all but 18 months.  On parole.SNPP 5 years

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

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

Refer A to Drug Court to determine whether A should be subject of a compulsory drug treatment order

Alkhair

(38)

 

[2015] 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 cooffender.

Drug abuse.


 

 

 

 

 

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: Section 112(2) - 5 years

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

Dechellis
[20]
NSW CCA [88]
19.3.2002

Agg BE commit malicious damage (knowing persons present)

PG

3y
NPP 2y

AD

lengthy record including assault

Circumstance of agg - aware people in house.
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)
NSW CCA [220]
3.6.2002

Agg BE commit AOABH (armed with offensive weapon)
Agg BE commit affray (armed with offensive weapon)

Sched:
Mal damage

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)
NSW CCA [317]
1.8.2002

Agg BE commit mal damage (armed with offensive weapon)

Sched:
2 x Assault

PG

5y
NPP 3y 8m

AD

Record not serious. No previous custody.

With co-accused brother, armed with baton and axe, broke into house terrorising occupants and damaging property. Grievance over sale of drugs to offenders.

Timu
(32)
NSW CCA [421]
15.10.2002

Agg BE commit AOABH (knowing person in house)

PG

2y 3m
NPP 9m

AD

minor juvenile record - conviction for assault in NZ not revealed to court on sentence

Forced entry into home of former girlfriend and assaulted her - Pushed head against wall, slapped and punched to face, punched to stomach

Petrie
(51)

 

NSW CCA [208]
23.7.2003; (2003) 141 ACrimR 396

Agg BE commit AOABH (armed with offensive weapon)

Sched:
2 x assault

PG

5y
NPP 3y

AA
4y 6m
NPP 2y

Lengthy. (Crime and alcohol free for 6 years 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


NSW CCA [272]
26.9.2003

Agg BE and Sexual Assault

VG

7y
NPP 4y

AD

Lengthy

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)


NSW CCA [202]
17.6.2005

Agg BE and AOABH (aware victim in house)

PG

2y 6m
NPP 1y 3m

AA
18m
NPP 10m

Extensive record but no violence

Offence committed after 1.2.2003
Broke into unit and assaulted daughter's de facto - punch to head - provoked by continuing assaults on daughter

Price
(24)


NSW CCA [285]
15.8.2005

Agg BE commit AOABH (aware victim in house)

PG

2y 8m
NPP 1y 6m

AA
16m
NPP 9m

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

Offence committed after 1.2.2003
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)

NSW CCA [18]
16.2.2006

Agg BE commit serious ind offence



Agg BE commit serious ind offence

Sched:
Common assault

PG




PG

2y GBB




2y GBB

Crown AA
10m
NPP 4m
(suspended)

Crown AA
14m
NPP 7m
(suspended)

Nil




Minor

Offence committed after 1.2.2003
Agg factors - armed with golf club; in company; used corporal violence; knew persons present 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)

 

NSW CCA [108]
18.4.2007

Agg BE and intimidate with intent

Sched:
Mal damage

PG

2y
NPP 1y

AD

No gaol - breached bond

Offence committed after 1.2.2003
With co-offender forced entry into front door of female acquaintance - co-offender threatened V's fiance and smashed TV - V made complaint about offender to DOCS - lesser offender - aggravating circumstance: in company Remorse

Ngati


NSW CCA [3]
31.1.2008

Agg BE and AOABH (in company)

VG

3y 9m
NPP 2y

AD

Nil significant

Offence committed after 1.2.2003
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

Morris
(41 at sentence)

 

NSW CCA [115]
4.6.2008

Agg BE commit AR

1 x s.112(1) BES


Sched:
1 x AR; 3 x BES

PG

s.112(2)
6y 6m
NPP 3y 6m

Total:
7y
NPP 4y

Crown AD

Lengthy 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 - element of aggravation was knowing person in house
Drug addiction - delay in charging

Truss


NSW CCA [325]
15.12.2008

Agg BE and commit affray

PG

4y 6m
NPP 3y 4m

AA
(to backdate sentence)

Breached bonds for assault including assault on same victim

Offence committed after 1.2.2003
Argument with neighbour in housing commission area - forced entry with co-offender by smashing window with chair - occupant struck with broom and chair - threats to kill - appellant present encouraging and ready to assist - intoxicated - low-mid range Backdated to take into account period in rehabilitation

Terkmani
(19)


NSW CCA [142]
11.5.2009

Agg BE and commit AOABH

VG

4y
NPP 2y

Crown AD

Assault offences

Offence committed after 1.2.2003
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

YS
(16)


NSW CCA [98]
13.5.2010

Agg BE and commit sexual assault

PG

8y
NPP 5y

AD

Significant subsequent offending

SNPP 5 years
Circumstance of aggravation - deprivation of liberty - 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)


NSW CCA [184]
19.8.2010

Agg BE and intimidating

PG

20m
NPP 10m

AD

Traffic offences

SNPP 5 years
Broke into house knowing person present - 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

 

NSW CCA [24]
28.2.2011

Agg BE and commit indecent assault

PG

5y NPP 2y 6m

AD (Minor adjustment to commencement date only)

PCA. Subject to GBB.

SNPP 5 years Knowing person at home 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 that V was at home alone.

Intellectual disability – poor impulse control

Martin

 

NSW CCA [197]
22.8.2011

Agg BE and cause actual bodily harm

PG

6y

NPP 3y

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

AD

Violence, Agg BES

SNPP 5 years Broke into home of former girlfriend and caused actual bodily harm by kicking her and causing severe bruising to her legs.

Distressed by relationship breakdown and separation from children – had been drinking heavily.

Special circumstances.

Bolt

 

NSWCCA [50]
26.3.2012

Agg BE and AOABH

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. App broke into home at 2am and assaulted her causing unconsciousness. Result: 3 bones in nose broken, nausea, vomiting and severe headaches Circumstance of aggravation – aware person at home.

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

Thompson-Davis

 

NSW CCA [75]
11.4.2013

Agg BE and commit indecent assault

 

Sched:
Act of indecency, Stalking

PG

7y 6m 12d
NPP 5y 7m 24d

AA
6y 2m
NPP 3y 10m

Lengthy.

SNPP 5 years Broke into V’s home at night who was 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.

Error in imposition of sentence.

Aboriginal – difficult background – institutionalised.

Langbein
(22)

NSWCCA [88] 26.4.2013

 

NSWCCA [100]
1.5.2013

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)

NSWCCA [188]

15.8.2013

Agg BE and AOABH

 

Sched:
s.61 Assault

PG

2y
suspended

Crown AA
2y
NPP 14m

Assault police, AOABH.

SNPP 5 years

A and V in long-term relationship - had separated due to domestic violence by A - V in new relationship with R - V had been struck on the face by A on the previous afternoon (Schedule) - A broke into V’s home at about 3:30am in highly agitated state and grabbed V around the throat and face – demanded to know where R was, saying he would kill R - pushed V down hallway and onto V’s bed where A punched V’s face with closed fist – A and V’s three young children present at home.

Alcohol abuse – employed – good rehabilitation prospects – loving father

Middle-range offence.

Smith
(38)

NSWCCA [209]
9.9.2013

Agg BE and intimidate

 

Breach of two GBB

 

Sched:
Breach AVO
Property damage

PG(25%) 4y 2m

NPP 2y 9m
(10m concurrent)

AD Record including violence

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 – circumstance of aggravation knew person in house - bonds imposed for violence against same victim during relationships

Aboriginal – good work record – substance abuse

Peters

NSWCCA [324]
20.12.2013

Agg BE and detain for advantage PG 13y 6mNPP 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)

NSWCCA [21]
28.2.2014

2 x Agg BE and AOABH PG(25%) 2y 1mNPP 12m AA

2y 1m
NPP 6m

nil

Broke into home of sister’s defacto’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)

NSWCCA [54]
15.4.2014

Agg BE and destroy property by fire

 

Common assault

PG

5y 3m
NPP 3y
(FT 3m)

AD

Minor

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 – agg circumstance: aware victim in unit – substantial damage – grave risk of death – extreme recklessness Aboriginal - Genuine remorse

Corda

(40s?)

[2014] NSWCCA 281

Acc before the fact - Agg BE and destroy property by firePG

(25%)

5y

NPP 3y 6m

​ADBreached bond – subject to AVOSNPP 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 offenceSNPP 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