R v Bennett [2022] NSWDC 321

District Court New South Wales

Medium Neutral Citation: R v Bennett [2022] NSWDC 321 Hearing dates: 20 July 2022 Date of orders: 4 August 2022 Decision date: 04 August 2022 Jurisdiction: Criminal Before: Beckett DCJ Decision: Aggregate Sentence – Two years and three months imprisonment – non-parole period of 14 months Catchwords: SENTENCING - Property offences - Receiving - Possess housebreaking implement - Form 1 - Goods in custody DISADVANTAGE – Bugmy Bar Book – Bugmy Factors - Hearing Impairment – Institutionalisation – Drug use – Neglect – Culturally appropriate programs Legislation Cited: Crimes Act 1900 (NSW) – ss 188(1), 114, 115, 527C(1)(a) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 DPP (Cth) v Ramos [2018] VSCA 290 Lloyd v R [2022] NSWCCA 18 R v BS-X [2021] ACTSC 160 R v Russell (1995) 84 A Crim R 286 Texts Cited: Bugmy Bar Book Committee, Hearing Impairment, (November 2019) Community Affairs References Committee, Parliament of Australia, Hear Us: Inquiry into Hearing Health in Australia (Report, May 2010) Vanessa Edwige and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation (Report commissioned by the Bugmy Bar Book Committee, 2021) Category: Sentence Parties: Director of Public Prosecutions Mr J Bennett (Offender) Representation: Solicitors: Mr T Gabrial (Crown) Mr J Clifford (Defence) File Number(s): 2021/154832 Publication restriction: Nil.