R v Kylie TREGONNING [2006] NSWDC 148

New South Wales District Court

CITATION: R v Kylie TREGONNING [2006] NSWDC 148

HEARING DATE(S): 14/12/2006

JUDGMENT DATE: 14 December 2006

EX TEMPORE JUDGMENT DATE : 12/14/2006

JUDGMENT OF: Berman SC DCJ

DECISION: See Paragraphs [10] & [11]

CATCHWORDS: Criminal Law - Sentence - Form 1 - Break, Enter & Steal - Larceny

LEGISLATION CITED: Crimes Act 1900

PARTIES: Crown Kylie Tregonning

FILE NUMBER(S): 06/11/0839

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Kylie Tregonning appears for sentence today having pleaded guilty to one offence of break, enter and steal, and one offence of larceny. When I sentence her for the break, enter and steal matter she asks that I take into account two matters on the Form 1. One is related to the break, enter and steal and is an offence of unlawfully entering onto enclosed lands. The other is completely unrelated, it is a further but earlier offence of break, enter and steal.

2 The offences of 26 April 2006 all occurred when the offender was under the influence of a significant quantity of drugs. It is clear that she was intoxicated by drugs due to a particular circumstance I will shortly describe. She appears to have entered the enclosed lands of 204 Crown Street, Darlinghurst on her way to 206 Crown Street, Darlinghurst, which is the premises which she broke into. They were occupied by a woman by the name of Gwenda Schreiber. Ms Schreiber was actually at home performing her occupation as a psychologist at the time that Ms Tregonning forced her way into the premises. Ms Schreiber heard the noises of that forced entry but disregarded them for a while until her consultation was completed. At that stage she heard some more noises and noticed that things had been stolen. She then contacted police who eventually arrived, but not until after Ms Schreiber became quite anxious for her safety in the knowledge that she could hear noises from upstairs and that the person who was making those noises was not deterred by the fact that Ms Schreiber had activated her house alarm.