R v Rogers [2024] NSWDC 1

District Court New South Wales

Medium Neutral Citation: R v Rogers [2024] NSWDC 1 Hearing dates: 23 January 2024 Decision date: 25 January 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: See para [50] of these reasons Catchwords: CRIME – One count of enter building to steal vehicle - Lengthy criminal history – Drug addiction – Offence whilst on parole – Special circumstances Legislation Cited: Crimes Act 1900, ss 111(2), 192E(1)(a), 154J(1) Crimes (Sentencing Procedure) Act 1999, ss 201A(3), 21A(2)(j), 21A(2)(e),(eb) Road Transport Act 2013, s 54(1)(a) Cases Cited: Bugmy v The Queen [2013] HCA 37 O'Grady v R [2013] NSWCCA 281 R v Elphick [2002] NSWCCA 273 R v Hayes (1984) 1 NSWLR 740 R v Simpson (2000) NSWLR 70 Category: Sentence Parties: Rex William Rogers Representation: Counsel:

R Nezval (Crown) P de Dassel (Accused)

Solicitors:

Office of the Director of Public Prosecutions (Crown) Richard Cummins Lawyers (Offender) File Number(s): 2023/20211 Publication restriction: None

JUDGMENT

Introduction 1. HIS HONOUR: The Offender has pleaded guilty to a number of charges arising from events he was involved in on 8 January 2023 and 13 January 2023. 2. On 8 January, with the assistance of the Co-Offender Matthew Foster, on whom I have just passed sentence, he entered premises at Taren Point, NSW, and stole a Mercedes-Benz motor vehicle [xxx] 11E. 3. These reasons should be read in conjunction with the reasons I have just delivered in relation to the Co-Offender Matthew Foster. 4. The aggravated enter dwelling and steel motor vehicle the subject of these reasons are what I described as the second event in my reasons for Mr Foster's sentence. For the purpose of that that event, Mr Foster was an accessory before the fact as he drove the Offender to the premises and waited outside while he entered the premises and stole the second Mercedes. 5. Other charges to be dealt with on a "Form 1" deal with dishonestly obtaining petrol from a service station for use in the stolen Mercedes-Benz on the evening of 8 January 2023, a second charge of stealing of petrol in a different vehicle on 13 January 2023. The matters to be dealt with on a section 166 certificate involve three counts of driving vehicles whilst disqualified from driving and knowingly possess four car number plates not on the correct vehicle.