R v Mapp [2023] NSWDC 259

District Court New South Wales

Medium Neutral Citation: R v Mapp [2023] NSWDC 259 Hearing dates: 30 June 2023 Date of orders: 7 July 2023 Decision date: 07 July 2023 Jurisdiction: Criminal Before: J SMITH SC DCJ Decision: See paragraph [84] Catchwords: CRIME – sentence – larceny – dishonestly obtain financial advantage by deception – dishonestly obtain property by deception – enter upon land with intent to commit indictable offence – drive conveyance taken without the consent of owner – aggravated enter dwelling in company with intent to steal – prior offence of unlicensed person drive vehicle on road – back up offences on a s 166 certificate – parity – totality – concurrency – strong subjective factors – Walama List – special circumstances – disqualification period Legislation Cited: Criminal Procedure Act 1986 (NSW) Cases Cited: Mapp v Regina [2010] NSWCCA 269 Texts Cited: None Category: Principal judgment Parties: Office of the Director of Public Prosecution (ODPP) James Mapp (offender) Representation: Counsel: Dennis Stewart (offender)

Solicitors: Office of the Director of Public Prosecution (ODPP) Ross Hill & Associate Solicitors (offender) File Number(s): 2021/00101167 2021/00101391 2021/00101399 2021/00101760 Publication restriction: None

Judgment 1. The offender was released on parole on 26 February 2021. Over the course of the following month, he committed a number of property related offences before he was taken into custody again on 12 April 2021. It is not the first time that he has spent so little time out of custody before reoffending and being apprehended. Indeed, since he turned 18, almost 19 years ago, he has spent only a little over 23 months out of custody. The reasons for that will be unsurprising to anybody with experience in the criminal law: early childhood trauma, sexual abuse, very early drug addiction, lack of education and low level of intelligence. The seriousness and number of the present offences require the offender to remain in jail for some time further; however, his background of deprivation will have a significant impact upon the length of that time and the amount of time that he will be subject to supervision in the community. 2. The offender has pleaded guilty in the Local Court to 7 principal offences and has been committed for sentence to this Court in respect of those offences. In addition to those, there are a number of matters in respect of which the offender has admitted his guilt and asks me to take into account when determining the appropriate sentence in respect of a number of the principal offences. Given the number of those offences, it is convenient to set out in table form the principal offences and the related offences which I will take into account in respect of the relevant principal offences. H number & Seq Offence Maximum penalty H81224078 / Seq 3 Larceny (09/03/2021) 5 years imprisonment H81224078 / Seq 6 Dishonestly obtain financial advantage by deception (09/03/2021, $111.40, Stanmore Shell) 10 years imprisonment Form 1 – H81224078 / Seq 6 Seq 2 – Dishonestly obtain financial advantage by deception (10/03/2021, declined transaction, 7 Eleven Glebe) Seq 4 - Dishonestly obtain financial advantage by deception (09/03/2021, declined $57.99 transaction, Caltex Alexandria) Seq 7 – Enter upon land with intent to commit indictable offence (09/03/2021) H469251792 / Seq 1 Drive conveyance taken without the consent of owner (17-18/03/2021) 5 years imprisonment Form 1 – H469251792 / Seq 1 Seq 3 – Dishonestly obtain financial advantage by deception (17/03/2021, $61, 7 Eleven) Seq 4 – Dishonestly obtain financial advantage by deception (18/03/2021, $59, Speedway) H79087906 / Seq 8 Dishonestly obtain property by deception (31/03/2021, $4,007.80, JB HI FI) 10 years imprisonment Form 1 – H79087906 / Seq 8 Seq 1 – Dishonestly obtain property by deception (31/03/2021, $798, The Good Guys) Seq 6 – Dishonestly obtain property by deception (31/03/2021, $1,735.90, Harvey Norman) Seq 12 – Dishonestly obtain financial advantage by deception (30/03/2021, $1,000 ATM withdrawal) Seq 14 – Dishonestly obtain financial advantage by deception (31/03/2021, $1,000 ATM withdrawal) Seq 15 – Dishonestly obtain property by deception (31/03/2021, $1,349.90, Footlocker) H79087906 / Seq 9 Drive conveyance taken without the consent of owner (31/03/2021) 5 years imprisonment H79087906 / Seq 11 Dishonestly obtain financial advantage by deception (09/03/2021, $4,000, ATM withdrawal) 10 years imprisonment Form 1 – H79087906 / Seq 11 Seq 2 – Dishonestly obtain property by deception (01/04/2021, $1,065.70, Glue Store) Seq 3 – Dishonestly obtain property by deception (01/04/2021, $869.94, Hype DC) Seq 4 – Dishonestly obtain property by deception (01/04/2021, $219.97, Hype DC) Seq 5 – Dishonestly obtain property by deception (01/04/2021, $2,548, Harvey Norman) Seq 7 – Dishonestly obtain property by deception (01/04/2021, $1,495.30, Jaycar) Seq 13 – Dishonestly obtain financial advantage by deception (01/04/2021, $1,000 ATM withdrawal) Seq 16 – Dishonestly obtain property by deception (01/04/2021, $137, Vodafone) H79753734 / Seq 3 Aggravated enter dwelling in company with intent to steal (06/04/2021) 14 years imprisonment