Legal Research > Sentencing Tables

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

  

Break and Enter - s.112(3) 

Specially Aggravated Break, Enter & Commit Serious Indictable Offence (not Steal)

s.112(3) Specially aggravated break, enter and commit serious indictable offence - 25y
s.105A(2) circumstances of special aggravation: wounds or maliciously inflicts GBH; armed with dangerous weapon
Standard Non-Parole Period: Section 112(3) - 7 years

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

Involvement
& Summary

Leach
(37)
NSW CCA [247]
10.7.2000

Co-accused: BRIDGES

Sp Agg BE inflict GBH

PG

MT 4y 6m
AT 3y

AA
6y 9m
NPP 4y

firearms, drug

With four co-offenders broke into country home assaulting owner - tied victim's hands, placed paper bag over head - took cannabis and rifle - victim suffered broken ribs and leg

Bridges
(38)
NSW CCA [92]
21.3.2001

Co-accused: LEACH

Sp Agg BE commit armed robbery

PG

MT 4y 6m
AT 3y

AD

drugs, property

With four co-offenders broke into country home assaulting owner - tied victim's hands, placed paper bag over head - took cannabis and rifle - victim suffered broken ribs and leg

Smith
(33)
NSW CCA [17]
27.2.2009

Sp Agg BE and mal wound

PG

6y
NPP 3y 6m

AA
5y
NPP 2y 6m

Extensive record including similar offences

Offence committed after 1.2.2003
Entered house of acquaintance after asking children on verandah for blade of knife - assaulted female occupant with knitting needle causing puncture wounds - minor injuries - spontaneous offence - well below midrange Voluntarily attended police station - developmentally and intellectually disabled

Micklesson
(18)
NSW CCA [61]
13.3.2009

Sp Agg BE AOABH

PG

9y
NPP 6y

AD

No significant record. Mal damage. On bond.

With cooffenders entered home - armed with baseball bat - cooffender armed with loaded firearm - four victims - struck victim with baseball bat - cooffender discharged firearm (not at victims).

Cheh
(33)
NSW CCA [134]
1.5.2009

Sp Agg BE and assault
Breach bond

Sched:
Deemed supply

PG

5y
NPP 3y 9m
(FT 6m concurrent)

Crown AD

Limited included violence

Offence committed after 1.2.2003
Broke into home of ex-partner at night - intended to say goodbye to son before committing suicide - assaulted male occupant - dragged ex-partner into kitchen and stabbed twice in chest with kitchen knife - threat to kill - cut complainant's hand in attempt to cut throat - aware young child nearby - spontaneous offence Suffering depression and intoxicated at time of offence as result of death of older child - remorse - good prospects of rehabilitation

Dole
(20)
Nguyen
(21)

NSW CCA [101]
13.5.2010

Sp Agg BE reckless wounding

20m
NPP 5m

Crown AA
3y 4m
NPP 2y

SNPP 7 years
Four males forced entry into home unit and assault male occupant with metal bar - claimed assault was payback for sexual assault of N's sister - planned offence N - suffered violent abuse at hands of father - affected response to assault of sister D - depressive illness

Srikantharajah

NSWCCA [209]

20.9.2012

2 x Sp Agg BE intimidate(in company and intentional infliction of GBH)

 

Sched:
Property damage

PG
(25%)

10y
NPP 6y 6m

AD

Affray and driving – breached conditional liberty

SNPP 7 years

Group of Tamil males from Sri Lanka forced entry into unit armed with cricket stumps, steel bar, knife and bottle of caustic soda – assaulted two male occupants and caused extensive property damage – one male suffered serious burns to face from caustic soda – second male suffered broken ankle – victims from different ethnic Sri Lankan group – offender not involved in planning – spontaneous involvement – unaware of caustic soda – lesser role than others – mid-range offence

Reasonable prospects of rehabilitation

Aslett

 

NSWCCA [235]

15.11.2012

Sp Agg BE and damage property (knowing person in house and armed with taser)

 

Assault

PG (25%)

5y 7m 14d

NPP 3y 4m 14d

 

(FT 12m concurrent)

AD

Prior convictions for violence

SNPP 7 years

Offender walked into home in early evening and threatened female occupant with taser and knife in presence of two teenage girls – punched hole in wall twice and kicked television

Wootton

(27)

[2014] NSWCCA 86

Sp Agg BE Armed Robbery

PG (10%)

10y 9m

NPP 7y

AD

Criminal record – breached bond

SNPP 7 years

One of three offenders involved in home invasion on residential premises – armed with firearms and wearing masks – shots fired – drugs demanded – occupant struck to back of head – offences committed in presence of infant – above mid-range – pre-mediated

Violent childhood led to early drug abuse

Campbell
(35)

[2014] NSWCCA 102

Sp Agg BE and intimidate (armed with dangerous weapon)

AOABH

PG
(25%)

3y
NPP 1y 10m

 

FT 9m
(concurrent)

Crown AA
5y
NPP 3y

 

Total:
5y 3m

NPP 3u 3m

Minor

SNPP 7 years

Broke into home of estranged wife – obtained gun and threatened wife and partner when they returned – during struggle wife injured – gun discharged bullet into floor – degree of planning

Motivated by concern for welfare of children

McDonald
(26)

[2014] NSWCCA 127

Sp Agg BE and inflict ABH

 

Schedule.

 

PG
(25%)

6y 9m
NPP 3y 3m

AD

On parole for Armed Robbery. Dishonesty, AOABH.

SNPP 7 years

Female offender – Jealous of ex-boyfriend and his female companion (victim) – broke into ex-boyfriend’s home with co-offender – picked up scissors in house - threatened victim with scissors and demanded victim hand over her phone – stabbed victim with scissors in shoulder blade – wounds superficial but required stitches - punched ex-boyfriend in face – co-offender picked up knife and threatened ex-boyfriend – motivated by jealousy.

Ongoing mental health issues – drug abuse – difficult upbringing

O'Grady

[2015] NSWCCA 168

Sp Agg BE commit armed robberyVG​9y

NPP 5y 6m

​ADYes (offences not indicated).  On bondSNPP 7 years

With 2 cooffenders broke into drug dealer's home wanting to rectify drug deal – V badly assaulted  - V unconscious – stole various items from V's home.

"Muldrock" appeal.

 

 

 

Specially Aggravated Break Enter & Steal - Single


s.112(3) Specially aggravated break, enter and commit serious indictable offence - 25y
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.
s.105A(2) circumstances of special aggravation: wounds or maliciously inflicts GBH; armed with dangerous weapon
Standard Non-Parole Period: - 7 years

​NameOffenceCircumstance of Aggravation​Plea​Sentence at First Instance​Result on appeal​Record​Facts

LBK
(16)


NSW CCA [248]
18.6.2001

s.112(3)

Infliction of GBH

PG

MT 3y
AT 3y

AD

priors including BES - on bail and probation at time of offence

Broke into home - when confronted by occupant struggled and stabbed occupant several times in chest, arms and legs.
Deprived childhood - some evidence of rehabilitation - fresh evidence of ADHD.

X
(38)


NSW CCA [56]
13.3.2003

s.112(3)

PG

23m
NPP 9m

Crown AA
4y
NPP 2y 6m

poor record

Informed co-offender of fact that victim stored money in house - Group of men broke into house armed with gun, knife and bat - Occupants threatened and assaulted and property stolen - R stood guard outside
Assistance to police resulted in death threats - Married with 6 children

Voss
(17)


NSW CCA [182]
7.7.2003

s.112(3)

Maliciously inflict GBH

PG

10y
NPP 6y 6m

AD

Not stated

Broke into house and stole stereo - Disturbed by 12y male - Hit victim over head with cricket bat twice causing permanent and serious brain damage

Sultan
(19)


N
(17)


NSW CCA [404]
3.12.2003

s.112(3)

PG

9y
NPP 5y


9y
NPP 5y

AA
7y
NPP 4y

7y
NPP 4y

Minor



Minor

Broke into home of 63y male victim and family seeking money - Sultan armed with baseball bat - N armed with knife - Two other co offenders armed with pistol and shotgun - Victim threatened with gun and prodded with knife - Jewellery and cash taken.
Appeals allowed on parity grounds with co offenders.

Matthews


NSW CCA [112]
23.4.2004

s.112(3)

Sched:
Possess drug

Wounding

PG

11y
NPP 7y

AA
9y
NPP 5y 6m

Lengthy

Female - Victim assisted A and co-accused in pawning goods and received $50 share - A and co-accused broke into victim's home to obtain the $50 - V hit with iron club then stabbed seven times by A - Property stolen
Unwilling participant - SJ failed to take into account dysfunctional background and low intellectual functioning

Hathaway


(20)
NSW CCA [368]
20.10.2005

112(3)

Mal wound

PG

6y 9m
NPP 5y

AD

Significant - includes violence

Broke into school administration block - assaulted principal with tyre lever
Protective custody

Milane


NSW CCA [281]
5.9.2006

s.112(3)

PG

6y 10m
NPP 4y 4m

AD

Breached bonds

Offence committed after 1.2.2003
Home invasion at home unit with co-offenders - pretended to be police - used replica pistol - threats to kill -one occupant assaulted with pistol -stole property

Van Rysewyk
(22)


NSW CCA [130]
16.6.2008

s.112(3)

Wounding

PG

6y
NPP 3y 6m
(partially concurrent on another sentence)

Crown AA
8y 7m
NPP 5y

On bond and bail. Robbery.

Offence committed after 1.2.2003
With cooffenders armed with knives, broke into residential home -threatened elderly couple -stabbed male victim in leg - took cash, jewellery and other items. Drug dependency.

O’Grady
(23)

 

[2013] NSWCCA 281

S.112(3)

 

VG

9y
NPP 5y 6m

AD

Breached bond – three offences – no violence

SNPP 7y 
Home invasion at home unit with co-offenders – male occupant assaulted – orchestrator – claimed bad drug deal – mid-range

Ngati
(32)

 

[2013] NSWCCA 307

s. 112(3)

Every circumstance of aggravation in s105A(1) Crimes Act present in this offence

PG

9y
NPP 6y 7m

AD

Larceny, robbery. On parole.

SNPP 7y
Home invasion with 5 co-offenders armed with knives – male V stabbed, punched and kicked – knife held to male V’s throat and face – female V threatened – prolonged violence - 2 young children present – took electronic equipment – above mid-range.

Robinson
(25)

 

[2014] NSWCCA 12

s.112(3)

 

Sched:
Assault

 

PG

4y 3m
NPP 2y 3m

Crown AA
5y 3m
NPP 3y

Extensive record for violence - Breached conditional liberty

SNPP 7y
Targeted home of Vietnamese because believed contained gold – broke into home at night and ransacked premises with four co-offenders – kicked 19y female occupant in abdomen – assaulted 16y male with hammer – during struggle male stabbed in shoulder by co-offender

40% discount for plea and assistance – evidence of remorse and rehabilitation

Zechel

(40)

 

 

 

Tuimaualuga
(39)

 

 

Puru
(25)

 

[2015] NSWCCA 32

s.112(3)Armed with dangerous weapon – shotgunPG (25%)

 

 

 

 

PG

(10%)

 

 

 

PG

(25%)

​12y

NPP 8y

 

 

 

12y 6m

NPP 8y

 

 

12y 6m

NPP 8y 6m

AA

7y 6m

NPP 4y 6m

 

 

8y 11m

NPP 5y 4m

 

 

7y 6m

NPP 4y 6m

Minor

 

 

 

 

 Minor

 

 

 

 

More extensive

SNPP 7 years

Home invasion – four men forced entry to house – one offender armed with shot gun – children present – occupants assaulted and threatened

Fourth offender De Jong returned to District Court for re-sentence