R v Gibson [2019] NSWDC 923

District Court New South Wales

Medium Neutral Citation: R v Gibson [2019] NSWDC 923 Decision date: 15 November 2019 Jurisdiction: Criminal Before: Payne DCJ Decision: Aggregate sentence of four years eight months, with a non-parole period of two years six months Catchwords: SENTENCING – property offences – aggravated enter dwelling-house with intent to commit serious indictable offence, Crimes Act 1900 s 111(2) – aggravated break and enter and commit serious indictable offence, Crimes Act 1900 s 112(2) – break and enter with intent to commit serious indictable offence, Crimes Act 1900 s 113(1) SENTENCING – aggravating factors – home of victim or any other person SENTENCING – relevant factors on sentence – deterrence – general and specific deterrence – relevant factors on sentence – multiple offences – aggregate sentences – totality re existing offences - Legislation Cited: Crimes Act 1900, ss 111(2), 112(2), 113(1) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Chung v R [2017] NSWCCA 48 R v Bennett [2014] NSWCCA 197 Category: Sentence Parties: Regina (Crown) Damien Boyd Gibson (Offender) Representation: Counsel: C Day (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (Offender) File Number(s): 2018/261533, 2018/314503

Judgment 1. In relation to this matter, Damien Boyd Gibson comes before the Court in respect of a number of offences. The first offence I refer to is what was Count 1 in an indictment, an offence contrary to s 112(2) of the Crimes Act 1900. The offence is one of aggravated break and enter and commit serious indictable offence, larceny. The indictment offence is on or about 24 August 2018, at South Grafton in the State of New South Wales, did break and enter the dwelling house of AB and GB at [address omitted], and did commit a serious indictable offence therein, namely larceny, knowing that a person was in the place where the offence was committed. He pleaded not guilty to this offence and was found guilty by the jury. I convict him of this offence. The maximum penalty prescribed for this offence is 20 years imprisonment, with a standard non-parole period of five years. 1. In addition, he is to be sentenced for two other offences in respect of which he pleaded guilty at the earliest opportunity. Both of them were under the Early Appropriate Guilty Plea scheme. The first is sequence 3, break and enter dwelling with intent to commit serious indictable offence, s 113(1) of the Crimes Act. The maximum penalty for that offence is imprisonment for 10 years. The Court Attendance Notice is did break and enter the dwelling house, to wit, shed within the curtilage of the dwelling house/garage belonging to CD situate at [address omitted], with intent to commit a serious indictable offence therein, to wit, to steal there from the property of the said CD. 1. There is then a further offence contrary to s 111(2) of the Crimes Act, aggravated enter dwelling with intent, between 10.30pm on 12 July 2018 and 4.40am on 13 July 2018, that Damien Boyd Gibson, between 12 July 2018 and 13 July 2018, at South Grafton in the State of New South Wales, did enter the dwelling house of KF situate at [address omitted], with intent to commit a serious indictable offence therein, to wit, steal, in circumstances of aggravation, to wit, he knew that there were persons present within the said dwelling house. That was sequence 4. The maximum penalty, 14 years imprisonment. 2. In addition, he asks the Court to take into account one offence of larceny on a Form document and the Court will take that into account in respect of the offence contrary to s 111(2). That offence is one at South Grafton, 12 to 13 July 2018, an offence of larceny.