R v Innes [2020] NSWDC 878

District Court New South Wales

Medium Neutral Citation: R v Innes [2020] NSWDC 878 Hearing dates: 9 December 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 6 years imprisonment with a non-parole period of 4 years. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence Legislation Cited: Crimes Act 1900 (NSW) s 112(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Drug Court Act 1998 (NSW) s 18B Cases Cited: R v Ponfield (1999) 48 NSWLR 327 TL v R [2017] NSWCCA 308 Bugmy v R [2013] 249 CLR 571 Category: Sentence Parties: Director of Public Prosecutions (Crown) James Darren Innes (Offender) Representation: Counsel: Ms A Ward Mr L Cumming

Solicitors: File Number(s): 2020/5118; 2019/346697

SENTENCE

Introduction 1. HIS HONOUR: The offender stands to be sentenced having pleaded guilty to five break, enter and steal offences. The particulars of each offence are as follows: 2. Offence number 1: On 26 August 2019 at Cabarita, he broke and entered the dwelling house of Matthew Rex and Kate Evans at 6 Strathroy Close and stole certain property, namely a MacBook Air laptop; Sennheiser headphones and power pack; $1,500 in cash; a MacBook Pro and power pack; two power packs; two jars of coins and an iPad. 3. Offence number 2 is that on 10 September 2019, he broke and entered the dwelling house of Yakup Kaygusuz at 3/13 Walton Way Abbotsford, and then while in the dwelling house, he stole the following: a PlayStation 4 console; a Nintendo Switch console; 34 games for the PlayStation and Nintendo Switch worth approximately $2,300; an Astro computer headset and a silver MVMT wristwatch. 4. The third offence is that on 22 October 2019, the offender broke and entered the premises of Phillipa Esdale at 4 Rockleigh Way Epping and stole an Apple mobile phone; two bracelets; an Oroton watch and several rings. 5. The fourth offence is that between 22 and 29 October 2019, the offender broke and entered the dwelling house of Anton Marquez at 3A Cowan Road St Ives and stole a National Australia Bank debit cards(as said) having the numbers 6786; assorted jewellery; an Oxygen wristwatch; a Sydney Olympic relay torch, an Enrico half-size violin; an Apple TV box; headphones and assorted DVDs. 6. The fifth offence is that on 1 November 2019, he broke and entered the dwelling house of Cheryle and Warren Weir situated at 5 Mawarra Crescent Kellyville, and stole jewellery and a mobile phone. 7. Each of those offences is an offence under s 112(1) of the Crimes Act and has a maximum penalty of 14 years' imprisonment and there is no applicable standard non‑parole period. 8. There are some 22 offences on a form 1 to be taken into account when I sentence the offender on the fourth offence. 20 of those offences relate to the dishonestly obtaining of small amounts of property obtained through the use of the debit card taken from the residence that relates to the fourth break, enter and steal offence. The number of such offences means that they must have some impact on the sentence I impose on the fourth offence, although the amounts of money involved mean that the impact is limited.