R v Polkinghorne [2021] NSWDC 155

District Court New South Wales

Medium Neutral Citation: R v Polkinghorne [2021] NSWDC 155 Hearing dates: 12/3/21 Date of orders: 12/3/21 Decision date: 12 March 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a NPP of 3 years 6 months (8/1/20-7/7/23). I find special circumstances. The indicative sentences are: Seq 1 – 2 years 3 months Seq 2 – 2 years 10 months Seq 4 – 3 years (Form 1 taken into account). Seq 6 – 2 years 9 months. Seq 8 – 2 years 10 months. I find that the offender is an "eligible convicted offender" and I refer the offender to the Drug Court for consideration as to whether he is eligible and suitable for the making of a Compulsory Drug Treatment Order. I direct that a copy of report of Dr Furst dated 27/2/21 be provided to the Drug Court, Corrective Services, and Justice Health. Catchwords: Crime – Sentence – Break enter and steal Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ponfield v R [1999] 38 NSWLR 327 Category: Sentence Parties: NSW DPP – Crown Craig Adam Polkinghorne - Offender Representation: Mr Pace for Crown Mr Roff for Offender File Number(s): 2020/6188 Publication restriction: None

sentence 1. Mr Craig Polkinghorne is for sentence today in relation to five offences, with an additional five offences to be taken into account on a Form 1 document. The five offences for which he faces sentence are each offences under s 112(1)(a) of the Crimes Act, namely offences of break, enter and steal. The maximum penalty in each case for those offences is 14 years imprisonment. The maximum penalty, of course, is a guidepost to the sentencing exercise to which I have had regard. He pleaded guilty at the earliest opportunity and, therefore, I intend to allow a 25% discount on account of that plea because of its utilitarian value.