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. 3 At 8.30 he walked to the back door, came into the house, an argument between he and the complainant occurred in the kitchen and he ended up leaving by the front door. She followed him to the front door, pushed the wooden door closed and locked it. 4 The appellant then walked to the complainant's bedroom window and began to yell at her, "What are you going to fucking hide from me now, Sarah?" She said to him, "Go away Chuck, I'm scared of you." And she was crouching down. Shortly thereafter there was a big bang at the front door and the door was flung open. The door was opened by virtue of the appellant using his leg to kick the door as though he were someone in a two bit cheap film. 5 He came in, lent over the complainant and said, "Have you got any pot?" She replied, "No I don't". Ms Cox said, "That's it, fuck you Chuck, I'm calling the cops". She grabbed her mobile. He began to yell, "I didn't kick your door in Deborah. Fuck I'm going to gaol, just give me a stick." She said, "If you go now, you're not going to gaol." 6 On the facts before me the appellant then pulled the complainant from a crouched position, holding onto her with one hand, he took a packet of Winfield blue cigarettes from the fridge, tucked them into his underwear. She said, "They're not even mine, they're Deborah's." 7 The appellant then pushed her into a lounge chair where he let her go, began to feel around her clothing for money, she moved away and crouched on the ground again. He was arrested and brought to Taree station and thereafter has been in custody. 8 An analysis of that behaviour would show that it is the height of immaturity. So what we have here is, in a big body, strong body, somebody who is prepared to behave like an eight year old spoilt brat. Just a reading of it would say to anybody, that this is pitiful behaviour. But the trouble is, not only is it pitiful, it became criminal, probably before, but certainly by the time, you decided to knock the door down like some two bit hero in a two bit western. 9 Clearly there is need for anger management counselling. Clearly there is a need for relationship counselling and it would seem, from your record, there is clearly a need for drug counselling. Indeed one of the comments from you in the course of the facts that I have just recited was a dependence upon drugs and a need for 'a stick', which I understand to be a stick of cannabis. 10 When you were giving evidence, I indicated that I was willing to give you an opportunity, the one, to do something about your rehabilitation. That I would be prepared to let you go to the Bridge program at Maitland, which I know to be a very good program and adjourn these proceedings to give you an opportunity to see whether I ought to do anything about the sentence or not. If you continue to be the eight year old tantrum throwing child in the body of an adult, who also happens to be drug dependent, then you can be sure you will be left in gaol to see if that can help you mature. On the other hand, if you rehabilitate, get yourself together, then I am willing to deal with you so that you will not go back into custody. But it may well be that I would suspend the balance of the sentence, depending how good your rehabilitation is. 11 Your counsel has made available to me, and now formally tenders, a notice dated 13 June, from the Salvation Army Lake Macquarie Recovery Services, indicating that you have been assessed favourably to attend their ten month Bridge program. You are to be admitted no later than Monday the 18th. It would seem that the Chaplain, Des Cox, of the Mid North Coast Correctional Centre has agreed to transport you to that centre on 18 June 2007, pending your release to the Bridge program. 12 The way in which I propose to do that is to adjourn these proceedings and to give you bail, which may be entered before the Governor of the gaol. The section 11 bail will be conditional and I will have this attached to your warrant, but it will be conditional upon you: (1)Going directly from the gaol, which is Kempsey, Mid North Coast Correctional Centre, to the Salvation Army Lake Macquarie Recovery Services. (2)Bail is not to be granted before Monday 18 June. (3)The appellant is to reside at the Salvation Army Lake Macquarie Recovery Services Centre for the duration of the bail, to obey all reasonable directions of the Director of the centre, or his delegate. (4)Is to comply with all drug testing demands made by the centre. Failure to comply or dirty test is deemed a breach of these bail conditions. (5)The appellant is to accept supervision of Probation and Parole and obey all reasonable directions of the Probation and Parole Service. (6)The appellant is to give progress report to me at the District Court on 26 October next at Newcastle. A further progress report on 15 February 2008 at court to be notified. Matter to be finalised Friday 13 June 2008, at court to be advised. ******* DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.