R v Crystal MARES; R v Michael MIDDLETON [2007] NSWDC 396

New South Wales District Court

CITATION: R v Crystal MARES; R v Michael MIDDLETON [2007] NSWDC 396

JUDGMENT DATE: 13 December 2007

JURISDICTION: 07/21/1067 District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: In relation to Ms Mares - for the aggravated break and enter and commit serious indictable offence a non-parole period of 3 years and a balance of the term of 3 years. For the demanding money with menaces offence a fixed term of 3 years.; In relation to Mr Middleton - for the aggravated entering dwelling offence a non-parole period of 1 year 10 months and a balance of the term of 1 year 2 months. For the stealing property offence a fixed term of 12 months.

CATCHWORDS: CRIMINAL LAW - sentence - co-offenders - aggravated break and enter and commit serious indictable offence - demand property in company with menaces - aggravated enter dwelling house with intent to commit serious indictable offence - steal in a dwelling house - Ms Mares knew victim - over 5 month period victim paid Ms Mares money at her request - Ms Mares went to victim's home with 3 men including Mr Middleton - property taken from house - threatened victim to provide money - one man armed with firearm - Ms Mares had paid the men to attend the victim's house with her - offences planned - both offenders have history of drug abuse - both offenders have prior criminal history - pleas of guilty entered at earliest opportunity - offences in middle of the range of objective seriousness - Mr Middleton on parole at time of offences - special circumstances to warrant adjusting of ratio between non-parole period and parole period for both offenders - need for general deterrence

LEGISLATION CITED: Crimes Act 1900 s 99(2), s 112(2)

Regina PARTIES: Crystal Mares Michael Middleton