R v Flanagan [2021] NSWDC 183

District Court New South Wales

Medium Neutral Citation: R v Flanagan [2021] NSWDC 183 Hearing dates: 3-6, 9-11 November 2020, 5 February 2021, 8 February 2021 Date of orders: 8 February 2021 Decision date: 08 February 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 6 years 9 months with a non-parole period of 4 years 6 months. Catchwords: Crime – Sentence – Aggravated break, enter and commit serious indictable offence, namely larceny Legislation Cited: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R (2013) 249 CLR 571 Category: Sentence Parties: NSW DPP – Crown Phillip Roy Andrew Flanagan - Offender Representation: Ms J Dewhurst for Crown Mr G Hoare for Offender File Number(s): 2019/144608

sentence 1. The offender, Mr Flanagan, is for sentence on three offences today, having been found guilty by juries in each of two separate trials. On 6 November 2020, a jury found him guilty of two offences of aggravated break, enter and commit serious indictable offence. Each of those offences carries a maximum penalty of 20 years' imprisonment and a standard non parole period of five years. Immediately after that trial and also in November 2020, a different jury found the offender guilty of an offence of break, enter and commit serious indictable offence, namely larceny. That offence carries a maximum of 14 years' imprisonment. 2. Of course, the maximum penalties and, where applicable, standard non parole period are important legislative guideposts in the sentencing exercise to which I have had regard. 3. In addition to these matters, there are additional offences on a certificate under s 166 of the Criminal Procedure Act 1986, the first being an offence of possessing 0.4 grams of methamphetamine to which the offender pleaded guilty in the Local Court and on which he is entitled to a discount of 25% on account of the utilitarian value of that plea. In addition, the s 166 certificate contains three offences under s 188 of the Crimes Act of disposing of stolen property. In relation to those offences, the offender pleaded guilty at the end of his first trial and it is agreed that he is entitled to a discount of 5%.