R v Jason Wayne NICHOLAS [2006] NSWDC 149

New South Wales District Court

CITATION: R v Jason Wayne NICHOLAS [2006] NSWDC 149

HEARING DATE(S): 21/04/2006

JUDGMENT DATE: 21 April 2006

EX TEMPORE JUDGMENT DATE : 04/24/2006

JUDGMENT OF: Berman SC DCJ

DECISION: Remand unders s11 Crimes (Sentencing Procedure) Act

CATCHWORDS: Criminal Law - Sentence - Aggravated Break Enter and Steal

LEGISLATION CITED: Crimes Act 1900] s 11 Crimes (Sentencing Procedure) Act 1999

CASES CITED: The Queen v De Simoni (1981) 147 CLR 383

PARTIES: Crown Jason Wayne Nicholas

FILE NUMBER(S): 03/11/1244; 04/11/0303; 05/11/0127; 05/11/0431; 05/11/0432

COUNSEL: R Wilson (Offender)

SOLICITORS: NSW DPP Sydney Regional Aboriginal Corporation Legal Service (Nicholas)

SENTENCE

1 HIS HONOUR: Jason Wayne Nicholas pleaded guilty earlier to an indictment containing three counts. One was an aggravated break, enter and steal, one was an offence of break, enter and steal, and a third was another offence of break, enter and steal. The circumstances of aggravation in the first case was that Mr Nicholas was in company. I note from the statement of facts that he was also in company in relation to the second matter but, as the Crown has very properly pointed out, I should ignore that fact because to do otherwise would be to breach the rule in The Queen v De Simoni (1981) 147 CLR 383.

2 In view of the course that I intend taking, I will not set out the facts which led to those offences being committed. They were obviously serious offences, aggravated by the circumstance that in each case Mr Nicholas was on conditional liberty.

3 There are also form 1 matters attached to the second and third counts.