R v McKilllop [2009] NSWDC 107

New South Wales District Court

CITATION: R v McKilllop [2009] NSWDC 107

HEARING DATE(S): 16/12/2008 JURISDICTION: Criminal

JUDGMENT OF: Conlon SC DCJ

DECISION: Sentenced to a non parole period of twelve years to date from 19 November 2006 which will expire on 18 November 2018. And an additional term of 5 years which will expire on 18 November 2023.

CATCHWORDS: CRIMINAL LAW-particular offences-offences against the person-property offences-robbery

LEGISLATION CITED: Crimes Sentencing Procedure Act

R v Hammoud [2000] 118 ACrimR 66 R v Harris [2007] NSWCCA 130 R v Huynh [2005] NSWCCA 220 CASES CITED: Marshall v R [2007] NSWCCR 24 R v Bavadra [2000] 115 ACrimR 152 Pierce v R [1998] 194 CLR 610 R v Ponfield [1999] 48 NSWLR 327

PARTIES: Regina (Plaintiff) Jamie Scott McKillop (Defendant)

SOLICITORS: Paul Stanley ( Crown) Greg West (Defence)

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JUDGMENT

1 HIS HONOUR: The offender Jamie McKillop appears for sentence following his pleas of guilty to nine counts of break enter and commit serious indictable offence (namely stealing) and six counts of aggravated break and enter and commit serious indictable offence (namely stealing). The counts contrary to s 112(1) carry a maximum penalty of fourteen years imprisonment and those contrary to s 112(2) carry a maximum penalty of twenty years imprisonment. The offender has requested that a further one hundred and thirty nine matters be taken into account on a form 1 schedule. Of the further offences one hundred and two are break, enter and steal, twenty five take and drive a conveyance, six receiving, four goods in custody, one attempt break enter and steal and one of break and enter with intent to steal.