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 – planing – 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 sBES
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 |
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 |
