R v Lyons, Thomas [2010] NSWDC 194

New South Wales District Court

CITATION: R v Lyons, Thomas [2010] NSWDC 194

JUDGMENT DATE: 21 May 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted. Granted conditional s.11 Crimes (Sentencing Procedure) Act 1999 bail for 9 months.

CATCHWORDS: Criminal Law - Sentence - S. 11 Bail - Break, Enter and Steal - small country town - residents at local club - Melbourne Cup function - offenders seize opportunity - coins, opals and plasma television taken - value approximately $4,000+ - minimal damage to property - breach of good behaviour bond - heavy cannabis user - probable undiagnosed and untreated mental health issues - poor rehabilitiation prospects - Aborigine - young offender.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: Brewster [1998] 1 CrAp.R 220 at 225 De Simoni (1981) 147 CLR 383

PARTIES: Regina Thomas Lyons

FILE NUMBER(S): 2009/8823

COUNSEL: Crown: L Shaw Crown Prosecutor

SOLICITORS: Defence: Mr.S. Lawrence

JUDGMENT

1. Thomas Lyons was indicted on 2 November 2009 for that he, at Lightning Ridge in the State of New South Wales, did break and enter the dwelling house situated at lot 39 Fantasia Street and therein commit a serious indictable offence, namely larceny.

2. He was indicted with a co-offender, Kelvin Peter Morris, who is said to also have participated in the same break and enter. Both were indicted before Sir Richard Woods ADCJ at Dubbo on 2 November 2009.

3. Both were given bail. They came before me in February and the sentencing proceedings were advanced on that occasion. Their bail was continued. The matter was set down, if memories serves me correctly, on 1 April 2010 for resolution in Sydney and a sentence determination.