R v Justin Alexander CROESE [2009] NSWDC 228

New South Wales District Court

CITATION: R v Justin Alexander CROESE [2009] NSWDC 228

JUDGMENT DATE: 7 August 2009

JURISDICTION: 2008/11/0508

JUDGMENT OF: Cogswell SC DCJ

DECISION: For the offence of break and enter, taking into account Form 1, 18 months fixed term. For the offence of aggravated break and enter with intent, 2 years fixed term. For the offence of aggravated break enter and steal in company, non-parole period of 2 and 1/2 years and balance of term of 2 and 1/2 years.

CATCHWORDS: CRIMINAL LAW - sentence - tension between punishment and rehabilitation - plea of guilty at earliest opportunity - aggravated break and enter with intent - break enter and steal - aggravated break enter and steal - offence committed while on bail - prior criminal record - prospects of rehabilitation - applicability of standard non-parole period

LEGISLATION CITED: Crimes Act 1900 s 112(1), s 112(2), s 113(2), s 154A(1)(b) Crimes (Sentencing Procedure) Act 1999 s 5, s 21A(3)(i), s 21A(3)(h), s 23, s 32, s 54B

CASES CITED: SZ v The Queen (2007) 168 A Crim R 249

PARTIES: Regina Justin Alexander Croese

FILE NUMBER(S): 2008/11/0508

SOLICITORS: Director of Public Prosecutions Caldecott & Williams

JUDGMENT

1. I am sentencing a young man who from an early age fell into a life of drug addiction and crime. His early life was marked by separation, disruption and abuse. He comes before me for burglaries which he committed driven by his drug addiction. They are the sorts of burglaries that significantly disturb people's lives and the courts have made it clear that that sort of criminal behaviour must be punished.

2. On the other hand, some very recent large changes have occurred in this young man's life. He has been reunited with the family he was separated from as an infant and has been drug free for some time.