Regina v Benjamin Elthan [2007] NSWDC 258

New South Wales District Court

CITATION: Regina v Benjamin Elthan [2007] NSWDC 258

HEARING DATE(S): 1/3/07

JUDGMENT DATE: 2 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Finnane QC DCJ

DECISION: The non-parole period commences on 31 July 2006 and concludes on 30 November 2008. He is to be released from custody on that day and I direct that conditions on parole should require him to undertake relapse prevention programs and random urinalysis testing. And I recommend that the parole authorities consider arranging for his admission to a long term rehabilitation program. The balance of the term goes from 1 December 2008 to 28 February 2011.

CATCHWORDS: criminal law - sentencing - break and enter - in company - aggravation - alcohol - extended parole period

LEGISLATION CITED: s. 3A Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Benjamin Elthan

FILE NUMBER(S): 06/61/0089

COUNSEL: Offender: Mr R Button S.C.

SOLICITORS: DPP: Ms F Lalic Offender: Mr P Ringbauer

SENTENCE

1 HIS HONOUR: The offender, Benjamin Elthan, pleaded guilty before his Honour Judge Nield on 20 February 2007 to a single offence of breaking and entering and committing a serious indictable offence, namely stealing three cartons of Jim Beam and Cola in circumstances of aggravation, namely that he was in company of two other persons who are both juveniles. He has also asked that I take into account on a Form 1, an offence of taking and driving a conveyance without the consent of the owner and entering a dwelling with intent to commit a serious indictable offence and I take those matters into account.

2 The facts were that the offender, who at the time was on parole, was drinking with two juveniles and other persons in the village of Woodstock which apparently is near Cowra. They became intoxicated. They ran out of alcohol and were desperate to obtain more. They could not get any more at Woodstock; they needed to get to Cowra to get more and they could not persuade anyone to drive them to Cowra for the purpose of buying more alcohol. At about 2.30 in the morning the offender entered a garage at 41 Noyeau Street, Woodstock, and started and drove away a motor vehicle belonging to a Julie-Anne Sigsworth. The two juveniles joined him. As is often the case in country areas, the householder believed her car was safe and left the keys in it. The three then drove to Cowra and to a store known as the Cellarbrations Liquor Store. At about 3.25am the offender reversed the vehicle into the front doors knocking them off the frame and the car then went into the store itself. It became jammed between two concrete bollards at the front of the store.