R v Sangster [2022] NSWDC 694

District Court New South Wales

Medium Neutral Citation: R v Sangster [2022] NSWDC 694 Hearing dates: 5 October 2022 Date of orders: 5 October 2022 Decision date: 05 October 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 3 years 1 month with a non-parole period of 1 year 6 months. Catchwords: CRIME – Aggravated Break and enter & commit serious indictable offence - people present SENTENCING - Relevant factors on sentence – early guilty pela- impact of offending on victims and community- need for punishment- background of trauma and deprivation- long history of offending as a juvenile- first adult gaol sentence- committed on Children's Court parole - substantial finding of special circumstances- release subject to SPA determination Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571;[2013] HCA 37 Clarke-Jeffries v R [2019] NSWCCA 56 Henry v R [1999] NSWCCA 111; (1999) 46 NSWLR 346 KT v R [2008] NSWCCA 51 Nasrallah v R [2021] NSWCCA 207 Ponfield v R [1999] NSWCCA 435; (1999) 48 NSWLR 327 R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Alex Sangster (the offender) Director of Public Prosecutions Representation: Solicitors: Ms I Attwooll, Solicitor, Aboriginal Legal Service (NSW/ACT) Limited (for the offender)Ms J Azad (for Director of Public Prosecutions) File Number(s): 2021/00269438