R v Edward Christopher BOYD [2008] NSWDC 322

New South Wales District Court

CITATION: R v Edward Christopher BOYD [2008] NSWDC 322

HEARING DATE(S): 5 December 2008 EX TEMPORE JUDGMENT DATE : 5 December 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment with an effective overall sentence consisting of 5 years with a 3 year non parole period

CATCHWORDS: Criminal law - Sentence - Aggravated break, enter and steal - Possession of house breaking equipment - Degree of planning - Alcohol addiction

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Ponfield (1999) 48 NSWLR 327

PARTIES: The Crown Edward Christopher Boyd

FILE NUMBER(S): DC 2008/11/1017

SOLICITORS: NSW DPP Peter Murphy Solicitor (Offender)

SENTENCE

1 HIS HONOUR: One of the important matters to look at when sentencing an offender for an offence of break, enter and steal or in this case aggravated break, enter and steal concerns the nature and value of the property stolen. Sometimes items of great sentimental but little monetary value are taken. Other times property of considerable value is stolen. Here the property was neither of sentimental value or of highly significant monetary value, but it was still very important to the school from which it was taken.

2 Part of modern education requires modern technology. In this case the Nicholson Street Public School had finished installing some audio visual equipment on 17 June 2008. The offender and his de facto partner broken into the school and stole some of that equipment the very next day. Fortunately the education of the children would not have been greatly affected because the offender and his co-offender were arrested almost immediately.