R v Nareg Mouradian [2007] NSWDC 114

New South Wales District Court

CITATION: R v Nareg Mouradian [2007] NSWDC 114

JUDGMENT DATE: 9 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Conviction appeals dismissed. Convictions confirmed. Sentences of 6 months for malicious damage offences confirmed. Sentence of 18 months for breaking out having committed serious indictable offence quashed. In lieu sentence of 9 months. All sentences suspended pursuant to s12 Crimes (Sentencing Procedure) Act 1999, conditional upon entering Good Behaviour Bonds.

CATCHWORDS: Criminal law - Conviction Appeal from Local Court - malicious damage - breaking out after committing serious indictable offence.

PARTIES: Regina Nareg Mouradian

FILE NUMBER(S): 06/12/0674

SOLICITORS: Appellant: Mr A RESTUCCIA Respondent: Mr M LAFFAN - Solicitor for Public Prosecutions

JUDGMENT 1 Nareg Mouradian, hereinafter the appellant, had been employed with DJ's Pty Limited as a loss prevention officer for six and a half years. For those years he had been a model employee, taking an active part in the enhancing of store security at Bondi Junction.

2 In mid-2004 work-related stress symptoms began to manifest as anxiety and panic attacks. He was assessed as unfit to work on 9 June 2004 to 24 June 2004. On 24 June 2004 he was assessed as fit to work. The period covered by Workcover New South Wales medical certificate was 24/6/04 to 28/8/04. The certificate spoke of him working as usual, subject to avoiding meetings and stressful situations, to have breaks. It was recommended he monitor security cameras, see exhibit twelve.

3 On the night of Tuesday 27 July 2004 at Bondi, four different cash registers were damaged. Two thousand five hundred and ninety-eight dollars was stolen and a roof-mounted pan tilt security camera valued at $3,000 was also stolen. The appellant was charged with maliciously damaging the cash registers, breaking out from the DJ's store and stealing the camera.