R v Babic [2017] NSWDC 477

District Court New South Wales

Medium Neutral Citation: R v Babic [2017] NSWDC 477 Hearing dates: Wednesday 2 August 2017 Date of orders: Wednesday 2 August 2017 Decision date: 02 August 2017 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. The offender is convicted on all counts. 2. Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), an aggregate sentence 6 years, comprising a non parole period of 4 years with parole thereafter of 2 years. 3. Form 1 offences taken into account. 4. Compensation orders made. Catchwords: CRIME — Property offences — Larceny — Break, enter and steal — Aggravated break enter and steal — Break enter with intent to steal — 10 substantive offences — 12 Form 1 offences — Offender pleaded guilty in the Local Court — Offences uncovered by a police strike force investigation — Offences committed primarily on licensed premises, automatic teller machines and floor safes — Connection between drug use and offending behaviour — Offender has substantial criminal record in New South Wales and Queensland — Offender is genuinely remorseful and contrite — Offenders prospects of rehabilitation dependent on his remaining free of illegal drugs. Legislation Cited: Crimes Act 1900 (NSW): ss 112(1)(a), 112(2). Crimes (Sentencing Procedure) Act 1999 (NSW): s 53A. Cases Cited: R v Ponfield (1999) 48 NSWLR 327. Category: Sentence Parties: Regina (The Queen) Stephen Babic (The Offender) Representation: Solicitors: Mr. G. Gaynor (The Crown)