R v Vernon Campbell Chillie No. 1 [2006] NSWDC 36

New South Wales District Court

CITATION: R v Vernon Campbell Chillie No. 1 [2006] NSWDC 36

23/6/06 HEARING DATE(S): 29/6/06 21/8/08

JUDGMENT DATE: 25 August 2006

JURISDICTION: District Court of NSW

JUDGMENT OF: Nicholson SC DCJ

DECISION: Appropriate matter for a suspended sentence pursuant to s.12 Crimes(Sentencing Procedure) Act.

CATCHWORDS: Criminal Law - Sentence - Aggravated Break & Enter Commit Serious Indictable Offence (x2) - Crimes Act s112 (2) offences - determining mid-range seriousness - Indigenous offender - poly drug abuser - recidivist - good rehabilitation prospects.

s112 & 112(2) & s113 Crimes Act 1900 LEGISLATION CITED: s4 Evidence Act 1995 s12 Crimes (Sentencing Procedure) Act 1985

The Queen v Gladue [1999] 1 SCR 688 CASES CITED: R v Cuthbert [1967] 2 NSWR 329 R v Rushby [1977] NSWLR 597 R v Hayes[1984] 1 NSWLR 740

PARTIES: Regina Chillie (Accused)

FILE NUMBER(S): 06/11/0242

COUNSEL: A Barber (Accused)

Mr S Sail, for the Solicitor for Public Prosecutions SOLICITORS: Aboriginal Legal Service

JUDGMENT 1 HIS HONOUR: Vernon Chillie is twenty-nine years old. For more than a decade he has been getting into trouble. The first entry in his criminal history is a notification of revocation of parole and an observation of him being returned to his former custody on 9 January 1995. Presumably these are matters relating to the Children's Court that account for him being in "former custody".

2 His offences are primarily offences of dishonesty. He is a recidivist break and enter criminal. Several of the break and enter offences are aggravated instances of the offence, in that people are on the premises when he breaks into them.