NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v BEAUCHAMP [2024] NSWDC 109 Hearing dates: 8 March 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced – see paragraphs [65]-[70] Catchwords: CRIME – break and enter and commit serious indictable offence – larceny – aggravated – in company – closed but unlocked door – searched for drugs – personal items taken - opportunistic CRIME – wounding in company – one co-offender armed with length of timber and struck victim – other co-offender struck victim with baton – form 1 SENTENCE – residential premises – number of co-offenders – parity, noting differing charges and criminality – lengthy criminal history, not entitled to any particular leniency – on conditional liberty at time of offending – Bugmy factors enlivened – post traumatic stress disorder Legislation Cited: Crimes Act, 1900 Crimes (Domestic & Personal Violence) Act, 2007 Crimes (Sentencing Procedure) Act, 1999 Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No. 1 of 2002 (2002) 56 NSWLR 146 Bugmy v The Queen [2013] HCA 37 Dungay v R [2020] NSWCCA 209 Hunter v R [2011] NSWCCA 141 R v Boney [2008] NSWCCA 313 Category: Sentence Parties: Rex Patrick Charles BEAUCHAMP Representation: Counsel: Mr P Kerr for the Crown Ms S Carr for the Offender
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