R v Christopher Ryan [2007] NSWDC 50

New South Wales District Court

CITATION: R v Christopher Ryan [2007] NSWDC 50

HEARING DATE(S): 07/02/2007 JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: S.11 Crimes (Sentencing Procedure) Act bail - 3 months

CATCHWORDS: Criminal Law - Sentence - B E & S - smashed bedroom window - house left in disarray - theft greater than $5,000 - most property recovered - 18year old Aboriginal offender - breach of probation - drug issues

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

PARTIES: Regina Christopher Ryan

FILE NUMBER(S): 06/21/1205

SOLICITORS: Cr: Mr L Graham - Office of Director of Public Prosecution Def: Mr J Styles - Sydney Regional Aboriginal Corporation Legal Service

JUDGMENT

1 Break, Enter and Steal is a crime most frequently committed against working men and women. It is also most frequently committed by men and women who do not work for wages.

2 On Tuesday 28 February 2006 the residents of 17 Irribin Street headed off to work. The last to leave, the male occupant, was gone by 6:45am. At 1.15pm that day he was contacted by police telling him his house had been broken into. He returned to find the rear bedroom window smashed, clothes pulled from the cupboards and drawers, the TV cabinet raided and most of his house upended. Two mountain bikes, costing more than four thousand dollars, were taken. Twenty "Playstation" games and a "Discman" and other property were taken.

3 Christopher Ryan, then aged eighteen and a half, was one of the two persons who broke into and stole from these premises. Today he is to be held accountable for his involvement in this criminal conduct.

Facts 4 Two males, including the offender, approached the front door of 17 Irribin Street, knocked on the door to ascertain that no-one was at home. The time was 11.45am. The door being unanswered, the two made their way to the rear of the premises, smashed the rear bedroom window and made their way inside. An alert neighbour notified the police. He also took a number of photographs of the offenders as they decamped from the crime scene. At about 12.05 police spotted both youths in nearby Doonside riding the stolen bikes. Shortly thereafter both youths were arrested. The prompt intervention of the neighbour resulted in the prompt arrest of each offender and, significantly, the recovery of all or most stolen property. It also sends a message to those two offenders, and hopefully others, that the community is not keen to tolerate those who prey upon the property of hardworking men and women.