R v Matthews [2020] NSWDC 570

District Court New South Wales

Medium Neutral Citation: R v Matthews [2020] NSWDC 570 Hearing dates: 29/6/20, 30/6/20, 3/7/20, 18/9/20 Date of orders: 18/9/20 Decision date: 18 September 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 4 years with a NPP of 2 years 8 months (19/9/19-18/5/22). I find special circumstances. The indicative sentences are: Count 1 – 3 years 9 months with a NPP of 2 years 6 months. Count 2 – 2 years 6 months. I recommend that the offender be considered for admission to the Intensive Drug and Alcohol Treatment Program (IDATP) by Corrective Services. Catchwords: Crime – Sentence – Aggravated break and enter and commit serious indictable offence (larceny) – Knew there were persons inside the house – Take and drive conveyance. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R [2013] 249 CLR 571 R v Hayes (1984) 1 NSWLR 740 Category: Sentence Parties: NSW DPP – Crown Shaun Harvey Matthews - Offender Representation: Mr A Baker for Crown Ms S Rostron for Offender File Number(s): 2019/277544

sentence 1. The offender, Shaun Matthews, stood trial before me, sitting as a judge alone, between 29 and 30 June 2020 on two charges, both said to have been committed on 5 June 2019. On Friday 3 July 2020, I delivered a verdict and reasons, in which I found the offender guilty of both offences. 2. Count 1 on the indictment is an offence of breaking and entering the dwelling house of Dr Gary Willis, and committing larceny, a serious indictable offence, in circumstances of aggravation, in that he knew that there were persons inside the house. The maximum penalty for that offence is 20 years imprisonment and a five year standard non-parole period is specified. 3. Count 2 on the indictment is an offence of taking and driving a conveyance without the consent of the owner Dr Willis, namely, a 2017 Porsche Macan. The maximum penalty for that offence is five years imprisonment. No standard non-parole period is specified.