R v Matthew Schuman [2022] NSWDC 165

District Court New South Wales

Medium Neutral Citation: R v Matthew Schuman [2022] NSWDC 165 Hearing dates: 11 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate sentence of 5 years and 6 months imprisonment with a non-parole period of 3 years and 8 months. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Larceny CRIME — Domestic violence — Stalking or intimidation Surveillance Devices Act — Possess surveillance device intending unlawful use — Use listening device to record a conversation, not being a party to that conversation Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Surveillance Devices Act 2007 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 [2002] NSWCCA 518 Cahyadi v R [2007] NSWCCA 1 DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 Bugmy v R [2013] HCA Category: Sentence Parties: Regina (Crown) Matthew Schuman (Defendant) Representation: Solicitors: Mr S Allan (ODPP) Ms A Qvist (Defendant) File Number(s): 2020/00201115 Publication restriction: Nil

Judgment 1. Matthew Schuman, 36 years of age, appears before the Gosford District Court for sentence in relation to the following six offences: Sequence 32, possess surveillance device intending unlawful use, the victim being AB, the date of the offence being 3 May 2013, an offence pursuant to s 13(1)(c), Surveillance Devices Act 2007. The maximum prescribed penalty for that offence is five years imprisonment and/or a fine. There is no prescribed standard non-parole period. Sequence 27, enter dwelling with intent to commit a serious indictable offence (larceny). The victim being OG, the date of the offence being 18 June 2014, an offence pursuant to s 111(1), Crimes Act. The maximum prescribed penalty for that offence is 10 years imprisonment. There is no standard non-parole period prescribed. Sequence 33, use listening device to record a conversation, not being a party to that conversation, date of the offence, between 13 August 2014 and 8 September 2014, the victim being OG, an offence pursuant to s 7(1)(a), Surveillance Devices Act. The maximum prescribed penalty for that offence is five years imprisonment and/or a fine. There is no prescribed standard non-parole period. Sequence 28, stalk or intimidate intending to cause a person to fear physical or mental harm, date of the offence 27 February 2015, the victim being JT, an offence pursuant to s 13(a), Crimes (Domestic and Personal Violence) Act. The maximum prescribed penalty for that offence is five years imprisonment and/or a fine. There is no prescribed standard non-parole period. Sequence 3, stalk or intimidate, intending to cause person to fear physical or mental harm, the date of the offence being between 20 March 2020 and 4 July 2020, the victim being JM, an offence pursuant to s 13(1), Crimes (Domestic and Personal Violence) Act. The maximum prescribed penalty for that offence is five years imprisonment or a fine. There is no prescribed standard non-parole period. Sequence 24, use tracking device to determine the location of an object, the date of the offence being between 14 April 2020 and 21 June 2020, the victim being JM, an offence pursuant to s 9(1)(b), Surveillance Devices Act. The maximum prescribed penalty for that offence is five years imprisonment and/or a fine. There is no prescribed standard non-parole period.