R v Christopher Mark Norrie [2007] NSWDC 155

New South Wales District Court

CITATION: R v Christopher Mark Norrie [2007] NSWDC 155

HEARING DATE(S): 4, 8 & 14 June 2007

JUDGMENT DATE: 14 June 2007

EX TEMPORE JUDGMENT DATE : 22 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Bail pursuant to S 11 bail pursuant to the Crimes (SP) Act for period of 12 months.; Conditional upon entering full-time rehabilitation program.

CATCHWORDS: Criminal Law - Severity Appeal from Local Court - sentenced to imprisonment - break, enter steal packet of cigarettes in domestic violence situation - immaturity - drug dependency - s. 11 Crimes (Sentencing Procedure) Act bail conditional upon entering full-time drugh rehabilitation program.

PARTIES: Regina Christopher Mark Norrie

FILE NUMBER(S): 07/32/0254

Respondent - Crown: Ms K. Malley - Office of Director of Public Prosecutions - Newcastle SOLICITORS: Appellant Ms Reed

JUDGMENT

1 HIS HONOUR: This appellant appeals from a sentence of eighteen months with a nine month non-parole, to commence on 23 November 2006 and to expire, so far as the non-parole period is concerned, on 22 August 2007. That sentence was imposed by the Taree Local Court on 10 April 2007 for the offence of breaking and entering and stealing property, namely a packet of Winfield cigarettes, which were the property of Deborah Cox. That offence occurred on 23 November 2006, which is the date on which the offender's sentence began, so he must have been arrested at that time.

2 The facts before me were that he and the complainant, Sarah Whitehead, had been involved off and on in a defacto relationship for the past three and a half years. Ms Whitehead was living at 16 Kanangra Drive in Taree with Deborah Cox and her children. At about 7am on Thursday 23 November, the appellant was pounding on the bedroom window of the complainant, then it would seem, at least as best I can tell, annoying the complainant.