R v Camarse [2022] NSWDC 622

District Court New South Wales

Medium Neutral Citation: R v Camarse [2022] NSWDC 622 Hearing dates: Thursday 9 June 2022 Date of orders: Thursday 9 June 2022 Decision date: 09 June 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) The offender is convicted. (2) He is sentenced to a term of imprisonment of 18 months to be served by way of ICO. (3) Additional condition that he undertake 250 hours community service. Catchwords: CRIME - Aggravated break and enter with intent to steal – One count – Guilty verdict in Judge alone trial – Maximum penalty of 14 years imprisonment – Objective seriousness toward the bottom of the range – Offence committed to fund drug addiction – Prior convictions for similar offences – No evidence of remorse. Legislation Cited: Crimes Act 1900 (NSW): s 111(2); Crimes (Sentencing Procedure) Act 1999 (NSW): ss 3A, 21A; Evidence Act 1995 (NSW). Cases Cited: Mandranis v R [2021] NSWCCA 97; R v Ponfield (1999) 48 NSWLR 327. Category: Sentence Parties: Regina (The Crown) Ryan Camarse (The Offender) Representation: Counsel: Mr. B. Ko (The Crown) Mr. J. Michie (The Offender)

Solicitors: Ms. S. Colman (The Crown) Ms. E. Blackburn (The Crown) Ms. J. Meredith (The Offender) File Number(s): 2020/00054146

Judgment 1. HER HONOUR: The offender is before the Court for sentence after a verdict of guilty returned by a jury for an offence of aggravated break and enter with intent to steal, the circumstance of aggravation being knowing that there were persons inside. This is an offence contrary to s 111(2) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 14 years' imprisonment. The matter went to trial following a plea of not guilty. He was found guilty by the jury. There are now before the Court some facts agreed by the parties arising from the evidence given at trial, taking into account the jury's verdict.