R v John Arthur BLAIKIE [2007] NSWDC 311

New South Wales District Court

CITATION: R v John Arthur BLAIKIE [2007] NSWDC 311

JUDGMENT DATE: 10 August 2007

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See paragraphs 65 to 70

CATCHWORDS: CRIMINAL LAW - Possession of housebreaking implements - Enter land with intent to steal - Break and enter with intent - Breaking entering and steal - "Special circumstances"

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

Veen (No 2) v The Queen (1988) 164 CLR 365 R v Shankley [2003] NSWCCA 253 R v Hammoud [2000] NSWCCA 540 CASES CITED: R v Moffitt (1990) 20 NSWLR 114 R v Ponfield [1999] NSWCCA 435 R v Harris [2007] NSWCCA 130 R v Engert (1995) 84 A Crim R 67

PARTIES: Regina v John Arthur Blaikie

FILE NUMBER(S): 04/21/0222, 06/21/0008

COUNSEL: Ms Cinque - Crown Mr Conomos - Offender

SENTENCE

1 HIS HONOUR: Mr Blaikie, the sentences I propose to impose on you are as follows. In relation to the offences committed in 2004 I propose to date those sentences, I have given you the benefit of a couple of days I must confess on the time spent in custody, from 1 May 2005, that takes into account, in my view, all presentence custody plus a few odd days. I propose to sentence you in relation to the first count, that is possession of housebreaking implements, to sixteen months imprisonment. That involves a ten per cent discount. In relation to the offence of enter land with intent to steal I propose to sentence you to two years eight months imprisonment. That represents a ten per cent discount. Those two sentences will be concurrent one with the other, and dated from 1 May 2005.