NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Baldwin-Crescente [2021] NSWDC 255 Hearing dates: 20 May 2021 Decision date: 20 May 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 3 years imprisonment with a non-parole period of 18 months Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation Legislation Cited: Crimes Act 1900 (NSW), s 112(2) Criminal Procedure Act 1986 (NSW), s 166 Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, s 3A Cases Cited: R v Ponfield (1999) 48 NSWLR 327 TL v R [2017] NSWCCA 308 Pehar v R [2020] NSWCCA 118 R v Henry (1999) 46 NSWLR 346 Hayek v R [2016] NSWCCA 126 Bugmy v R (2013) 249 CLR 571 Category: Sentence Parties: Director of Public Prosecutions (Crown) Tyrone Baldwin-Crescente (Offender) Representation: Counsel: Ms Crase (Crown) Ms O'Rourke (Offender) File Number(s): 2020/89888 Publication restriction: Nil
SENTENCE
Introduction 1. The offender stands to be sentenced having pleaded guilty to an offence that on 21 March 2020 in Botany, he broke and entered the dwelling house of David Tharrat and Clara Khamiss at 5605/42-44 Pemberton Street and committed a serious indictable offence, namely intimidation, in circumstances of aggravation, knowing a person was present. That is an offence under s 112(2) Crimes Act and has a maximum penalty of 20 years' imprisonment, and there is an applicable standard non-parole period of five years. 2. The offender also acknowledges his guilt in relation to an offence of damage to property which occurred on the same day, that he intentionally destroyed handcuffs being the property of the New South Wales Police Force. That offence is not such that it has any real impact upon the sentence to be imposed in relation to the aggravated break and enter offence. 3. There is also an offence on a certificate under s 166 of the Criminal Procedure Act of escaping from the lawful custody of a constable of the New South Wales Police Force
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