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 |
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 café 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 sents) | Offence committed after 1.2.2003
Break-in in company, stealing $90-100,000 of property – restrained by Vs’ 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 |
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 fiancé 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 |
