R v Innes [2008] NSWDC 260

New South Wales District Court

CITATION: R v Innes [2008] NSWDC 260 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15-18 April; 21 April 2008

JUDGMENT DATE: 10 October 2008

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

CATCHWORDS: Criminal Law - Sentence - Break and enter - Larceny - Damage - Public facility - Hospital - Automatic teller machine - ATM - Ram raid - Persons present - DNA - Admissions - Premeditation - Drug abuse - Alcohol abuse

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

R v Guthrie [2002] NSWCCA 77 R v Morris [2008] NSWCCA 115 CASES CITED: R v Ponfield (1999) 48 NSWLR 327 Veen v R (No 2) [1988] 164 CLR 465 R v De Simoni (1981) 147 CLR 383

PARTIES: Regina Brian Innes

FILE NUMBER(S): 07/21/3110

COUNSEL: Crown: Mr Williams Defence: Mr Stewart

JUDGMENT

1 HIS HONOUR: On 21 April, 2008, the offender was convicted by a jury following a trial in the District Court at Campbelltown on the following count:

2 On 6 September 2005 at Campbelltown in the state of New South Wales, being in the company of other persons, did break and enter a building, namely the Campbelltown Hospital, the property of the Sydney South West Area Health Service at Therry Road, Campbelltown, with intent to commit a serious indictable offence inside those premises, namely larceny.

3 The maximum penalty for that offence pursuant to s 113(2) of the Crimes Act 1900 is fourteen years imprisonment.

Facts

4 In terms of the facts, consistently with the verdict of the jury I find the following facts to have been established on the evidence given in the trial.