R v Paul [2022] NSWDC 412

District Court New South Wales

Medium Neutral Citation: R v Paul [2022] NSWDC 412 Hearing dates: 25 July 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a term of imprisonment of 2 years and 6 months, with a non-parole period of 15 months to date from 15 May 2021. 3 The non-parole period will expire on 14 August 2022 and the head sentence will expire on 14 November 2023. 4 The offender is to be released to parole on 15 August 2022. Catchwords: CRIME — Property offences — break and enter - Steal from the person Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Regina Ethon Paul (Offender) Representation: Counsel: S Carr (Offender)

Solicitors: Office of Director of Public Prosecutions Legal Aid of NSW (Offender) File Number(s): 21/137256 Publication restriction: None

Judgment 1. Ethon Samuel Paul appears for sentence after pleading guilty in the Local Court to an offence of Aggravated Break Enter and Steal contrary to s 112(2) Crimes Act 1900. 2. The maximum penalty for the offence is 20 years imprisonment and parliament has prescribed a standard non-parole period of 5 years.

Approach to Sentencing 1. I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999. 2. The offenders entered pleas of guilty in the Local Court and are entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999. 3. To the extent that I make findings of fact adverse to an offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to an offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ). 4. Standard non-parole periods do not apply when an offender pleads guilty, but they can still be used as a guidepost to an appropriate sentence.