R v Whalan [2021] NSWDC 812

District Court New South Wales

Medium Neutral Citation: R v Whalan [2021] NSWDC 812 Hearing dates: 28 May 2021; 3 August 2021; 6 September 2021; 20 September 2021 Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [100]-[109]. Catchwords: CRIME – Sentence – aggravated break and enter – section 166 certificate – aggregate sentence – multiple offences – entrenched recidivism Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007(NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: R v Bugmy (2013) 302 ALR 192 R v Imbornone [2017] NSWCCA 144 R v Price [2016] NSWCCA 50 R v Qutami (2001) 127 A Crim R 369 R v Wong [2003] NSWCCA 247 Category: Sentence Parties: Crown Shaun Whalan Representation: Ms F Evans (Crown) Mr R Keller (Offender)

Solicitor for Public Prosecutions (Crown) Blaxland Criminal Law (Offender) File Number(s): 2019/0076217

sentence 1. These are sentence proceedings against Shaun Whalan. As will become clear in the course of these Remarks, he epitomises, at 37 years of age, a life which he has thus far predominantly wasted. He truly reflects the revolving door of incarceration, conditional release, and then further incarceration on a repeated basis. Shaun Whalan originally appeared for sentence before this court following his plea of guilty to one charge contrary to section 113(2) of the Crimes Act 1900 (NSW), of breaking and entering a dwelling house with intent to commit larceny in a circumstance of aggravation, namely being in company. Such an offence carries a maximum penalty of 14 years imprisonment. There is no standard non-parole period. 2. A number of additional matters had also been brought to the District Court from the Local Court pursuant to s.166 of the Criminal Procedure Act 1986 (NSW). I will come to the detail of those later in these Remarks. 3. The matter proceeded as a sentence hearing before me on 28 May 2021. In the course of submissions it became clear that there were outstanding matters in the Local Court both at Blacktown and Dubbo Local Courts which, in the interests of finalisation of all matters and a proper utilisation and application of the principle of totality, have now been brought before this Court so that all matters outstanding against the offender can be resolved in the one proceeding. I will come to the detail of those additional matters in the course of outlining the relevant chronological background and history.