R v Nean [2024] NSWDC 644

District Court New South Wales

Medium Neutral Citation: R v Nean [2024] NSWDC 644 Hearing dates: 18/11/24 Date of orders: 18/11/24 Decision date: 18 November 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 2 years 11 months with NPP of 2 years (14/2/24-13/2/26). I find special circumstances. Form 1 taken into account. A 25 percent discount has been taken into account. I direct that the psychologist report of Dr Gumbert dated 21/10/24 be forwarded to Justice Health. Catchwords: Crime – Sentence – Break, enter and steal Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Commonwealth DPP v De La Rosa [2010] NSWCCA 194 Ponfield v R (1999) 48 NSWLR 327 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: NSW DPP – Crown Troy Nean - Offender Representation: Ms Hill for Crown Mr Fernandez for Offender File Number(s): 23/458010

remarks on sentence 1. The offender, Mr Troy Nean, is for sentence today in relation to an offence under s 112(1)(a) of the Crimes Act 1900, being an offence of break, enter and steal, the maximum penalty for which is 14 years imprisonment. In addition, he asks that in sentencing him I take into account another offence to which he admits his guilt on a Form 1 document, that being an offence of attempting to dishonestly obtain a financial advantage by deception. 2. The maximum penalty for the substantive offence to which I have made reference, is of course an important guidepost in the sentencing exercise, and I have had regard to that. There is no standard non-parole period I note. The offender pleaded guilty at the earliest opportunity and therefore will be given a 25% discount by reason of the utilitarian value of that plea.