R v Arvinthan [2021] NSWDC 253

District Court New South Wales

Medium Neutral Citation: R v Arvinthan [2021] NSWDC 253 Hearing dates: 25/2/21 Date of orders: 25/2/21 Decision date: 25 February 2021 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to aggregate term of imprisonment of 4 years 6 months with NPP 2 years 9 months (1/3/20-31/11/22) I find special circumstances. Indicatives: Seq 4 Enter dwelling house – 2 years (Form 1 taken into account) Seq 7 Aggravated break, enter and steal – 3 years 4 months with NPP 2 years. Catchwords: Crime – Sentence – Enter dwelling house with intent to steal – Aggravated break and enter dwelling house and commit sexual touching Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Ponfield v R [1999] 48 NSWLR 327 Bugmy v R (2013) 302 ALR 192 Category: Sentence Parties: NSW DPP – Crown Keerthy Arvinthan - Offender Representation: Mr Chua for Crown Mr Kondich for Offender File Number(s): 2019/408802

sentence 1. I am now in a position to deliver a sentence in Mr Arvinthan's matter. He is for sentence in relation to two offences. Firstly, an offence of entering a dwelling house with intent to commit a serious indictable offence, namely stealing. The maximum penalty for that offence is ten years' imprisonment. Plus, he asks that in dealing with him for that offence, I take into account a further offence of stealing which is on a Form 1 document. The second offence is one of aggravated break and enter dwelling house, and commit serious indictable offence in the form of sexual touching, knowing that there was a person or persons present inside. The maximum penalty for that offence is 20 years' imprisonment and it has a standard non-parole period of five years. 2. Those maximum penalties and where applicable, the standard non-parole period, are of course important guide posts in the sentencing exercise, to which I have had regard. The offender pleaded guilty at an early stage and is entitled to a 25% discount on account of that fact.