R v Laughton [2021] NSWDC 366

District Court New South Wales

Medium Neutral Citation: R v Laughton [2021] NSWDC 366 Hearing dates: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 3 years. Non parole period of 1 year 9 months. Catchwords: CRIME - Aggravated Break enter and steal and commit the serious indictable offence of larceny SENTENCING - Relevant factors on sentence - offence against former friend - enter at night - jewellery taken - long term drug addiction – early guilty plea- offences committed on parole - need for specific deterrence – less need for general deterrence - special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: DPP v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Ponfield v R [1999] NSWCCA 435;(1999) 48 NSWLR 327 Category: Sentence Parties: James Laughton (the offender) Director of Public Prosecutions Representation: Solicitors: Mr M Kwan (for the offender) Ms N Verghese (for Director of Public Prosecutions) File Number(s): 2020/00342157

sentence

Facts for sentence 1. In September 2020 James Laughton, now 31, met a young woman on a dating app. They saw each other a few times. He visited her home in Gwyneville about three times. She lived there with her friend and her friend's 3 children. Laughton and the young woman broke up in November 2020. 2. On 1 December 2020 the young woman was at her home with her friend and one of her children. She went to bed about 10PM. The house was closed but a key had been left in the lock so that her friend's former partner could drop off two of the children early in the morning. At 4AM she woke up to find the offender going through her things. He was wearing a hooded top and a medical mask. She confronted him and asked, "why are touching my things:' He replied, "I'm not. You wouldn't believe me anyway." 3. He was touching her things. In fact he did more than that; he took them. He took the house key, her car key and jewellery valued at nearly $8,000. 4. The sound of yelling woke one of the children. Laughton fled. Police were called. He was arrested that morning at Oakhurst. The keys and a small quantity of the jewellery were recovered. He has been in custody ever since. 5. Laughton was charged with break enter and steal and commit the serious indictable offence of larceny. The offence was aggravated because he knew someone was home: s112(2) Crimes Act 1900. That offence carries a maximum penalty of 20 years imprisonment. There is a standard non-parole period of 5 years. The standard non-parole period represents the non-parole period for an offence which, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness. I am required to give content to the standard non-parole period. It and the maximum penalty are one of many guides to the exercise of my sentencing discretion. 6. Laughton accepted his guilt in the Local Court requiring a reduction in the otherwise appropriate sentence of 25% to reflect the utilitarian value of that plea: s 25D Crimes (Sentencing Procedure) Act 1999.