R v Fuller [2023] NSWDC 597

District Court New South Wales

Medium Neutral Citation: R v Fuller [2023] NSWDC 597 Hearing dates: 2 November 2023 Decision date: 06 November 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matters taken into account. Sentenced to a term of imprisonment for 4 years with a non-parole period of 3 years to commence on 29 October 2022 and to expire on 28 October 2025, and a balance of term of 1 year to commence on 29 October 2025 and to expire on 28 October 2026. Eligible for parole on 28 October 2025. Catchwords: CRIMINAL – sentence - enter dwelling with intent to steal – Form 1 offences x 2, larceny + steal motor vehicle – seriousness of offences – roles of offender & co-accused – impact on victim – uncharged conduct relevant to remorse & contrition - subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Rex Fuller, Nathan Representation: Counsel: Defence: Ms S Kluss

Solicitors: Crown: Ms J Calo, ODPP Defence: Mr A Miller, Ross Hill & Associate Solicitors File Number(s): 2022/00323923

JUDGMENT 1. HIS HONOUR: Nathan Fuller appears for sentence in respect of an offence of enter dwelling with intent to steal, contrary to s 111(1) of the Crimes Act 1900. The maximum penalty provided is ten years' imprisonment and there is no relevant standard non-parole period. When being sentenced in respect of that offence, he asks the Court to take into account two further offences contained on a Form 1 pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. 2. Those offences are larceny, contrary to s 117 of the Crimes Act, which has a maximum penalty when dealt with on its own of five years, and steal motor vehicle contrary to s 154F which has a maximum sentence when dealt with on its own of five years. He was committed for sentence on 28 June 2023 from the Burwood Local Court and is accordingly entitled to a 25% discount for the utility of the plea alone. Such a discount has been provided. 3. The date of the offence was 29 October 2022, and he was arrested on that day and has been in custody as a result of this matter only since that time. The facts are agreed and are as follows.