Regina v Barry James Vale [2007] NSWDC 357

New South Wales District Court

CITATION: Regina v Barry James Vale [2007] NSWDC 357

JUDGMENT DATE: 5 October 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentence of imprisonment of 2 years with a non-parole period of 10 months and 24 days. Immediate release to supervised parole.

CATCHWORDS: Criminal law - Sentence - Break and enter and commit serious indictable offence - Young offender - Relevance of prison for an 18 year old - Assistance to authorities

LEGISLATION CITED: s112(2) Crimes Act 1900 s23 Crimes (Sentencing Procedure) Act

PARTIES: Regina Barry James Vale

FILE NUMBER(S): 07/51/0041

SOLICITORS: Ms Mudge for the NSW DPP Mr Falcomata for the offender

SENTENCE

1. Barry James Vale is a young man with a bad criminal record. He comes before me for sentencing for a serious crime. He turned nineteen earlier this year. He is still in custody bail refused in respect of the offence for which I am sentencing him. Because he committed the offence a few months after he turned eighteen he is in adult prison. The question for me in sentencing Mr Vale is whether I should impose a sentence which requires him to remain in custody for longer than today.

2. The charge which he faces is an offence under s112 (2) of the Crimes Act 1900 . The charge - to which he has pleaded guilty - is that on 12 November 2006 at Armidale he broke and entered a dwelling house occupied by Raymond Noon. He did this whilst he was in company with a man named Byron Kelly. Part of the offence is that once they broke and entered the house they committed a serious indictable offence. The indictable offence committed by Mr Kelly was more serious because he assaulted Mr Noon. The indictable offence committed by Mr Vale was larceny. This offence is an aggravated break and enter because it was committed in company.