R v Tariq McDonald [2009] NSWDC 330

New South Wales District Court

CITATION: R v Tariq McDonald [2009] NSWDC 330 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 September 2009

JUDGMENT DATE: 25 September 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Knox SC DCJ

On count 1, the offender is sentenced to a non-parole period of 12 months imprisonment commencing on 20 March 2011 and expiring on 20 March 2012. On count 2, the offender is sentenced to a non-parole period of 3 years and 4 months imprisonment commencing on 20 November 2007 and expiring on 19 March 2011 with an additional term of 2 years and 8 months (expiring on 19 November 2013). DECISION: On courts 3 and 4, the offender is sentenced to a fixed term of 12 months imprisonment commencing on 20 November 2007 and expiring on 19 November 2008. The sentences on counts 2, 3 and 4 are to be served concurrently. The sentences reflect a finding of special circumstances of the order of 72%. The offender is to be released to parole on 20 March 2012.

CATCHWORDS: ATM shopping centre - Aggravated break and enter - Planning involved - Principles to be applied

LEGISLATION CITED: Crimes Act 1900

R v Anderson [2004] NSWCCA 39 R v BB [2005] NSWCCA 215 R v Ceissman [2004] NSWCCA 466 R v Chen [2004] NSWCCA 369 R v Crowe [2002] NSWCCA 245 CASES CITED: R v Dodd [2004] NSWCCA 374 R v Douglas [2006] NSWCCA 94 R v Huynh [2005] NSWCCA 220 R v Roberts [2005] NSWCCA 401 R v Warren [2003] NSWCCA 366 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465