R v Foster [2024] NSWDC 2

District Court New South Wales

Medium Neutral Citation: R v Foster [2024] NSWDC 2 Hearing dates: 23 January 2024 Decision date: 25 January 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: See para [56] of these reasons Catchwords: CRIME – Two counts of aggravated enter dwelling and steal motor vehicle – Significant criminal history – Drug use – Addiction – Accumulation – Totality – Special Circumstances Legislation Cited: Crimes Act 1900, ss 111(2), 154F Crimes (Sentencing Procedure) Act 1999, s25D(2) Drug Misuse and Trafficking Act 1985, s 10(1) Cases Cited: Cahyadi v R [2007] NSWCCA 1 Callaghan v R [2006] NSWCCA 58 Morrison v R [2022] NSWCCA 158 R v Fidow [2004] NSWCCA 172 R v Grover; Grover v R [2013] NSWCCA 149. R v Lunhan [2016] NSWCCA 287 R v Primmer [2020] NSWCCA 50 R v Lunhan [2016] NSWCCA 287 Category: Sentence Parties: Rex Matthew Foster Representation: Counsel:

R Nezval (Crown) D Pace (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) KK Lawyers (Offender) File Number(s): 2023/19796 Publication restriction: None

JUDGMENT

The Events 1. HIS HONOUR: On the evening of 7 January and early morning of 8 January 2023, on two occasions within hours of each other, the Offender, Matthew Foster, was involved in breaking into the same home while the owners were asleep and stole a different Mercedes Benz vehicle on each occasion. The first event he conducted on his own, the second with his co-accused, Mr William Rogers, whose sentence I will deal with immediately following. The Offender is an accessory before the fact in relation to the second event, because he waited in the car outside whilst Mr Rogers took the second car from the garage.