R v Dean [2024] NSWDC 527

District Court New South Wales

Medium Neutral Citation: R v Dean [2024] NSWDC 527 Hearing dates: 8 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) Taking into account the plea of guilty in relation to each offence and all the matters I have mentioned and after giving weight to the matters on the Form One, I impose an aggregate sentence of 2 years' imprisonment to commence 8 November 2024, to be served in the community pursuant to an Intensive Corrections Order upon the conditions found at paragraph [95]. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence – Break, enter and commit serious indictable offence – Take and drive a conveyance CRIME — Violent offences — Assault police officer in the execution of duty SENTENCING – Objectively serious offending in context of significant criminal history – History of childhood trauma and drug, alcohol, and gambling addiction – Mental health diagnosis – Significant remorse, contrition, and commitment to treatment plan to become drug and alcohol free whilst on an extended period of bail pursuant to s 11 – Entitled to one last chance Legislation Cited: Crimes Act 1900 (NSW) s 60(2); s 112(1)(a); s 113(1); s 114(1)(b); s 154(1)(a) Crimes (Sentencing and Procedure) Act 1999 (NSW) s 11; s 25D Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Valentini (1989) 46 A Crim R 23 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (NSW) (Crown) Kanye Dean (Offender) Representation: Counsel: A Florance (Solicitor) (Crown) E James (Counsel) (Offender)