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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(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 
(age if known)

OffenceCircumstance of AggravationPleaSentenceAppealRecordInvolvement & Summary

Leach

(37)

[2000] NSWCCA 247

 

Co-accused: BRIDGES

Sp Agg BE commit armed robberyInflict GBHPG

MT 4y 6m

AT 3y

AA

6y 9m

NPP 4y

firearms, drugWith 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)

[2001] NSWCCA 92

 

Co-accused: LEACH

Sp Agg BE commit armed robberyInflict GBHPG

MT 4y 6m

AT 3y

ADdrugs, propertyWith 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

Kelly

(50)

[2007] NSWCCA 357

Specially agg BE and intimidate

 

Mal damage property

Armed with dangerous weaponPG

4y

NPP 2y

(3m concurrent)

ADNil relevant

Borrowed gun from friend – approached house of estranged wife and threatened occupants including wife – smashed windows and glass door – in blind rage

No evidence of domestic violence – prior good character

Smith

(33)

[2009] NSWCCA 17

Sp Agg BE and mal wound 

PG

(25%)

6y

NPP 3y 6m

AA

5y

NPP 2y 6m

Extensive record including similar offences

SNPP 7 years

Entered house of acquaintance after asking children on veranda 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)

[2009] NSWCCA 61

Sp Agg BE AOABHArmed with shotgunPG

9y

NPP 6y

ADNo significant record - mal damage - on bond.With co offenders entered home – armed with baseball bat – co offender armed with loaded firearm – four victims – struck victim with baseball bat – co offender discharged firearm (not at victims).

Cheh

(33)

[2009] NSWCCA 134

Sp Agg BE and assault

 

Breach bond

 

Sched:

Deemed supply

Knew persons present

Wounding

PG

(20% on appeal)

5y

NPP 3y 9m

(FT 6m concurrent)

Crown ADLimited included violence

SNPP 7 years

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)

 

[2010] NSWCCA 101

Sp Agg BE reckless wounding 

PG

(15%)

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

Sheen

(41)

[2011] NSWCCA 259

Sp Agg BE wound with intent to do GBH

 

BES

 

WoundingVG

10y

NPP 7y

 

 

4y

NPP 3y

 

Total:

12y

NPP 9y

AA

7y

NPP 5y 3m

 

 

 

 

Total:

8y

NPP 6y 3m

Lengthy – including violence – breached bond and bail

SNPP 7 years

Broke into home of acquaintance and stole property – ten days later forced entry into home and attack same victim – smashed vase and used pieced to cut throat and face – threats to kill – stabbing in back

Srikantharajah

[2012] NSWCCA 209

2 x Sp Agg BE intimidate

 

Sched:

Property damage

In company

Intentional infliction of GBH

PG

(25%)

10y

NPP 6y 6m

ADAffray 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

[2012] NSWCCA 235

Sp Agg BE and damage property

 

Assault

Knowing person in house

Armed with taser

PG

(25%)

5y 7m 14d

NPP 3y 4m 14d

 

(FT 12m concurrent)

ADPrior 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 RobberyArmed with rifle.PG (10%)

10y 9m

NPP 7y

ADCriminal 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

 

AOABH

Armed with dangerous weapon

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 

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 robbery VG

9y

NPP 5y 6m

ADYes (offences not indicated).  On bond.

SNPP 7 years

With 2 co-offenders 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.

Harper

[2017] NSWCCA 159

Sp Agg BE damage propertyIn company and armed with dangerous weapon​PG

(12.5%)

​5y 3m

NPP 3y 3m

​AD​NilSNPP 7 years

Broke into a unit in company of five men - armed with stun gun – offender under impression one resident had mistreated offender's sister - intruders shot a victim with stun gun, yelled abuse, and smashed property.

Good character

Robinson

(18)

[2017] NSWCCA 315

​Sp Agg BE rob in company

 

s.111(3) – rob in company

Armed with dangerous weapon​PG

(45% plea and assist)

​4y 6m

NPP 2y 6m

 

FT 2y

 

Total:
5y 3m
NPP 3y 3m

​AD​Nil

SNPP 7 years
One of four men who forced entry into house of alleged drug dealers – one co-offender armed with sawn off shot gun – offender armed with bladed weapon or baton – left without proceeds after confrontation with occupants – two months later involved in similar offence on second house of alleged drug dealers – entered shut but unlocked door – offender armed with steel bar – after search of house and confrontation with occupants left with small amount of property – co-offender shot at one occupant – offences planned but poorly executed

Out of character – remorse – significant rehabilitation – significant assistance

Mansaray

(22)

[2018] NSWCCA 16

Sp Agg BE robberyKnowing person inside and armed with dangerous weapon​PG

(10%)

​5y 9m

NPP 3y 5m

​ADPossess drug.  On bond and bail.SNPP 7 years
With co-offenders broke into unit demanding items from victim – one co-offender armed with rifle – obtained drugs and money

Substance abuse – supportive family – violent childhood in Africa

 Last Updated: 19/3/2018

 

 

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

Name
(age if known)

OffenceCircumstance of AggravationPleaSentenceAppealRecordFacts

LBK

(16)

[2001] NSWCCA 248

s.112(3)Infliction of GBHPG

MT 3y

AT 3y

ADPriors 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)

[2003] NSWCCA 56

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 – offender stood guard outside

Assistance to police resulted in death threats - Married with 6 children

Voss

(17)

[2003] NSWCCA 182

s.112(3)Maliciously inflict GBHPG

10y

NPP 6y 6m

ADNot statedBroke 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)

 

[2003] NSWCCA 404

s.112(3) 

PG

(18%)

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 – S 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

(2004) 145 A Crim R 445

s.112(3)

 

Sched:

Possess drug

Wounding

PG

(20%)

11y

NPP 7y

AA

9y

NPP 5y 6m

Lengthy

Female - Victim assisted offender and co-accused in pawning goods and received $50 share – broke into victim's home with co-offender to obtain $50 – V hit with iron club then stabbed seven times by offender – Property stolen

Unwilling participant – SJ failed to take into account dysfunctional background and low intellectual functioning

Hathaway

(20)

[2005] NSWCCA 368

112(3)Mal wound

PG

(25%)

6y 9m

NPP 5y

ADSignificant – includes violence

Broke into school administration block – assaulted principal with tyre lever

Protective custody

Milane

(39)

[2006] NSWCCA 281

s.112(3) PG

6y 10m

NPP 4y 4m

ADBreached bonds

SNPP 7 years

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

Chaaban

[2006] NSWCCA 107

s.112(3)

 

 

 

s.33

Caused GBH

PG

(25% + 25% assist)

3y 6m

NPP 2y

 

 

FT 2y

 

Total:

4y 6m

NPP 3y

Crown AA

5y

NPP 2y 6m

 

FT 3y

 

Total:

6y

NPP 3y 6m

 

SNPP 7 years

Home invasion by 6 men at night – stole cannabis plants – offender detained two male teenagers in room during offence – helped pursue adult male occupant – occupant severe injury to arm from knife and machete

Orphaned in Lebanon and passed around family – little schooling – intellectually disadvantaged – acutely remorseful

Van Rysewyk

(22)

[2008] NSWCCA 130

s.112(3)Wounding

PG

(10%)

6y

NPP 3y 6m

(partially concurrent on another sentence)

Crown AA

8y 7m

NPP 5y

On bond and bail - robbery. 

SNPP 7 years

With co-offenders 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

ADBreached bond – three offences – no violence

SNPP 7 years

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

(25%)

9y

NPP 6y 7m

ADLarceny, robbery.  On parole.

SNPP 7 years

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

(40% plea and assist)

4y 3m

NPP 2y 3m

Crown AA

5y 3m

NPP 3y

Extensive record for violence - Breached conditional liberty

SNPP 7 years

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

Evidence of remorse and rehabilitation

Zechel

(40)

 

 

Tuimaualuga

(39)

 

Puru

(25)

 

[2015] NSWCCA 32

s.112(3)Armed with dangerous weapon – shotgun

PG (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

MM

(35)

[2016] NSWCCA 235

Sp Agg BES

Armed with off weapon

Inflict GBH

PG

(15%)

9y

NPP 6y

ADExtensive - BES, AR, agg robbery, rob with wounding, assault, AOABH, stalking - on parole.

SNPP 7 years

Approached home of 2 victims - told female V1 he was armed and wanted to buy drugs – V1 shut door – smashed doors glass panel with hammer and entered – male V2 went to arm himself with pole - struck V2 to head twice with hammer, causing him to fall to floor - struck V2 to head five more times with hammer as he lay on ground – took $25 and handbag containing $600 and camera - V2 suffered serious jaw and skull fractures.

Drug abuse – assistance to authorities.

Burrows

(18)

[2017] NSWCCA 45

s.112(3)Intentionally wounded

PG

(25%)

6y 6m

NPP 4y

ADNil

SNPP 7 years

Home invasion – group of men forced entry to house believing occupant was drug dealer – wrong house – occupants in 70s assaulted – offender not armed but joined group to make it look more formidable – aware co-offenders armed – other aggravating factors include in company – armed with offensive weapon – corporal violence

Drug user hoping to obtain some cannabis – some rehabilitation

TL

(20)

[2017] NSWCCA 308

​s.112(3)

 

 

 

 

s.112(1)

 

s.112(2)

 

 

s.33 – wound with intent to inflict GBH

In company – armed with dangerous weapon​VGIndicative:

8y 6m
NPP 5y 6m

 

 

18m
NPP 12m

 

22m
NPP 15m

 

7y
NPP 4y 6m

 

Aggregate
13y 6m
NPP 8y 6m

​AA

Indicative:
6y 4m
NPP 4y 2m

 

15m
NPP 10m

 

18m
NPP 12m

 

5y 3m
NPP 3y 4m

 

Aggregate
10y
NPP 6y 3m

Breached parole for drug offenceSNPP 7 years

Broke into a home through window during day stealing cash – assisted co-offender in stealing property from another home during day – one of three men who entered home at night – co-offender broke down locked bedroom door - female occupant threatened with gun – second co-offender armed with knife – forced to reveal father's safe and provided tools – left with safe and property - one of three men who assaulted male acquaintance in park – victim taken to park by offenders – kicked and punched and stabbed

Sexually assaulted in prison during interstate sentence – good prospects of rehabilitation

After error found took into account assistance given in unrelated matter – 25% discount on appeal

Franklin

(37)

[2018] NSWCCA 245

​s.112(3)

 

 

 

Detain with intent obtain advantage: s.86(2)

 

Sched:
2 offences

In company and inflict GBH​PG

(45% plea and assist)

​11y

NPP 6y 7m

 

 

8y

 

Aggregate:
14 years
NPP 8y 5m

​AA

10y

NPP 6y

 

6y 7m

 

Aggregate
12y 6m
NPP 8y

​NilSNPP 7 years

Home invasion with co-offenders – male victim seriously assaulted, beaten to head, suffered serious ongoing injuries – offender inflicted no acts of violence - not far below upper end of range of objective seriousness.

Assistance - long-term drug addiction - prospects for rehabilitation better than reasonable

Last Updated: 12.11.2018

 

 

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