R v Michie [2024] NSWDC 652

District Court New South Wales

Medium Neutral Citation: R v Michie [2024] NSWDC 652 Hearing dates: 04 October 2024 and 18 November 2024 Decision date: 06 December 2024 Jurisdiction: Criminal Before: Wass SC DCJ Decision: See [64] – [72] Catchwords: CRIME – Sentencing – Drug addiction – Numerous property crimes – Disadvantage – Disgraceful breach in juvenile custody – Inappropriate labelling in criminal history records – Insufficient rehabilitation services Legislation Cited: Crimes Act 1900 (NSW) Inclosed Lands Protection Act 1901 (NSW) Cases Cited: Bugmy v R (2013) 249 CLR 571 Category: Sentence Parties: Rex (Crown) Benjamin Michie (Defendant) Representation: Counsel: Mr T Dwyer (Solicitor) (Crown) – sentence hearing Mr B Hatfield (Crown) – sentence judgment Mr B Green (Defendant)

Solicitors: Office of the Director of Public Prosecutions (Crown) Drinkwater Criminal and Family Lawyers (Defendant) File Number(s): 2023/105645, 2023/143443, 2023/184430, 2023/184461, 2023/237674

JUDGMENT

Offences 1. Mr Benjamin Michie faces sentence for the following: 1. An offence of an aggravated break and enter of a dwelling in company stealing value not exceeding $60,000 pursuant to s 112(2) of the Crimes Act 1900 (NSW) ('Crimes Act'), which carries a maximum penalty of 20 years imprisonment with a standard non‑parole period of five years. Together with that matter, Mr Michie wishes to have taken into account on a Form 1 an offence of intentionally or recklessly destroying or damaging property pursuant to s 195(1A) of the Crimes Act. 2. Three offences of knowingly driving a stolen motor vehicle pursuant to s 154A(1)(b) of the Crimes Act, which each carry a maximum penalty of five years. 3. Two offences of break and enter a dwelling-house or building and committing a serious indictable offence, namely larceny, which each carry a maximum penalty of 14 years. 4. An offence of entering a dwelling with an intent pursuant to s 111(1) of the Crimes Act, which carries a maximum penalty of ten years imprisonment. 5. Five offences of knowingly driving a stolen car pursuant to s 154A of the Crimes Act, which carries a maximum penalty of five years imprisonment. 6. An offence of in a police pursuit, not stopping and driving dangerously pursuant to s 51B(1) of the Crimes Act, which carries a maximum penalty of five years imprisonment and an automatic licence disqualification of five years. 7. An offence of break and enter a dwelling-house or building and committing a serious indictable offence pursuant to s 112(1)(a) of the Crimes Act, which carries a maximum penalty of 14 years imprisonment. 8. An offence of in a police pursuit, not stopping and driving recklessly, which carries a maximum penalty of five years and an automatic disqualification of five years. 9. An offence of break and enter a dwelling-house to commit a serious indictable offence pursuant to s 112(1)(a) of the Crimes Act, which carries a maximum penalty of 14 years imprisonment. 10. There are also some matters to be sentenced on a s 166 certificate: 1. Two offences of unlawful entry into inclosed lands pursuant to s 4(1)(b) of the Inclosed Lands Protection Act 1901 (NSW), which carry a maximum penalty of five penalty units each. 2. A driving whilst disqualified, which carries a maximum penalty of 12 months imprisonment and an automatic disqualification of 12 months; 3. A hinder or resist police in the execution of their duty pursuant to s 60(1AA) of the Crimes Act, which carries a maximum penalty of 12 months imprisonment. 1. The maximum penalties and standard non-parole periods where they apply are important legislative guideposts in the sentencing exercise. 2. In short, between 21 January 2023 and 2 April 2023, Mr Michie carried out numerous property offences whilst in the grip of unchecked drug addiction.