Regina v Bradley Reginald White [2008] NSWDC 203

New South Wales District Court

CITATION: Regina v Bradley Reginald White [2008] NSWDC 203 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 7 February 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Sentenced to four years imprisonment with a non-parole period of three years.

CATCHWORDS: Criminal law - Sentence - Aggravated break and enter and commit serious indictable offence (assault occasioning actual bodily harm) - Standard non-parole period - Violence against a 59 year old woman in her home - Extensive criminal record - On conditional liberty at time of offence

ss 59, 112(2) Crimes Act 1900 LEGISLATION CITED: s21A Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986

Regina v Maxwell [2007] NSWCCA 304 CASES CITED: Regina v Millar [2005] NSWCCA 202 Regina v Price [2005] NSWCCA 285

PARTIES: Regina Bradley Reginald White

FILE NUMBER(S): 07/41/0213

SOLICITORS: Ms Walshe for the NSW DPP Mr Boom for the offender

SENTENCE

1. I am sentencing Bradley Reginald White for an offence described as aggravated break and enter and commit a serious indictable offence. That charge is brought under the Crimes Act 1900 . The relevant section in the Crimes Act is s 112(2). The serious indictable offence which Mr White committed when he broke and entered was described as maliciously inflicting actual bodily harm. I myself know of no such offence in the Crimes Act and I take it to be assault occasioning actual bodily harm contrary to s 59 of the Crimes Act carrying a maximum of five years. Nevertheless the crime that he committed, I repeat, was aggravated break and entering committing the serious indictable offence, namely assault occasioning actual bodily harm.