R v VAN LEEUWEN [2007] NSWDC 63

New South Wales District Court

CITATION: R v VAN LEEUWEN [2007] NSWDC 63

6 - 7 December 2006 HEARING DATE(S): 11 December 2006 13 - 16 February 2007 13 April 2007

JUDGMENT DATE: 20 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment.; See Paragraphs [159] - [164]

CATCHWORDS: Criminal Law - Sentence - Steal From Employer - Theft Of A Large Number Of Items From The Australian Museum - Harm Caused By Offence

LEGISLATION CITED: R v Thomson & Houlton [2000] 49 NSWLR 383. Pearce v The Queen (1998) 194 CLR 610

PARTIES: Crown Hendrikus Gerardus Cornelius Van Leeuwen

FILE NUMBER(S): 05/11/1035; 05/11/0519; 05/11/0520

COUNSEL: P Calvert (Crown) C Steirn SC, F Coyne (Offender)

SOLICITORS: NSW DPP Chris Peacock & Co Lawyers

SENTENCE

Introduction

1 The offender appears for sentence today on 15 counts of stealing from his employer, the Australian Museum. He asks also that I take into account a total of 179 other offences on 5 Forms 1 attached to various counts on the indictment. The maximum penalty for each offence on the indictment is imprisonment for 10 years.

Facts

2 The Australian Museum is Australia's first and oldest natural history museum, having been established in 1827. As well as having a cultural significance, the collections of the museum are important to natural history research and projects undertaken by staff, students and scientists from external agencies.

3 Many people would have visited the Australian Museum and seen the exhibits there in the various galleries. However the work of the Australian Museum extends far beyond displaying exhibits to members of the public. The vast majority of the items held and owned by the museum are not for the purposes of display to the public, but are instead for the purpose of scientific study.