R v Alexander Carl PARKES [2007] NSWDC 376

New South Wales District Court

CITATION: R v Alexander Carl PARKES [2007] NSWDC 376

HEARING DATE(S): 25 May 2007 EX TEMPORE JUDGMENT DATE : 25 May 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment for a period of 2 years. Suspended under s 12 Crimes Sentencing Procedure Act upon entering into a bond to be of good behaviour

CATCHWORDS: Criminal Law - Sentence - Aggravated break, enter and steal - In company - Drug user - heavy consumer of alcohol

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

PARTIES: The Crown Alexander Carl Parkes

FILE NUMBER(S): DC 2006/11/0965

SOLICITORS: NSW DPP Gregory P Elks Solicitors

SENTENCE

1 HIS HONOUR: Alexander Carl Parkes appears for sentence today having pleaded guilty to an offence of being an accessory after the fact to an offence of break enter and steal in circumstances of aggravation. The circumstance of aggravation was that the principal offender Mr Shearer was in company with this offender Mr Parkes. So Mr Parkes' involvement in the offence was, according to the indictment, that he was an accessory after an offence that he was involved in as the primary offender, he having been in company with Mr Shearer.

2 This may well be yet another case of creative plea bargaining in which representatives of the Crown seem to regard it as a challenge to give interesting legal problems to District Court Judges. I mean no criticism at all of the present representative of the Crown, I can tell from the signature on the indictment that he is not the person responsible for the present form of the indictment. Nevertheless despite the creative nature of the offence to which Mr Parkes has pleaded guilty I am able to sentence him.