R v Cooper [2019] NSWDC 968

District Court New South Wales

Medium Neutral Citation: R v Cooper [2019] NSWDC 968 Hearing dates: Monday 25 March 2019 Date of orders: Monday 25 March 2019 Decision date: 25 March 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: 1. Convicted on each offence. 2. For the Redfern offences: Sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 3 years and 6 months comprising an aggregate non-parole period of 2 years and 6 months with parole thereafter of 12 months. 3. For the Paddington offences: Sentenced to an aggregate sentence of 2 years and 6 months comprising an aggregate non parole period of 12 months commencing with parole thereafter of 18 months. 4. Form 1 offences taken into account. Catchwords: CRIME — Property offences — Aggravated break, enter and steal knowing people were there — Aggravated break and enter with the intention of stealing knowing that people were there — Maximum penalty 20 years — Five substantive offences, five Form 1 offences — Two sets of offences — Second set of offences committed whilst offender was on bail awaiting trial for first set of offences — Late plea of guilty for first set of offences – early plea of guilty for second set of offences — Offender used fake identification documents and dressed as a workman to gain entry into some of the victims homes — many victims were elderly and living in low-income housing — Offender claims that he committed offences because he was addicted to gambling but no evidence to support this – Offences around the middle of the range in terms of objective seriousness — Offender has a long history of committing similar offences — Offender has demonstrated limited insight into offending — Prospects of rehabilitation difficult to assess. Legislation Cited: Crimes Act 1900 (NSW): ss 112(2), 113(2) Crimes (Sentencing Procedure) Act 1999 (NSW): ss 9, 53A. Cases Cited: R v Ponfield [1999] NSWCCA 435; (1999) 48 NSWLR 327. R v Thomson & Houlton [2000] 49 NSWLR 383. Category: Sentence Parties: Regina (The Crown) Paul Cooper (The Offender) Representation: Solicitors: Mr. Quadrio (The Crown) Representation for the Offender TBC File Number(s): 2017/00209166; 2016/00057150.