R v Clayton KEAN [2010] NSWDC 29

New South Wales District Court

CITATION: R v Clayton KEAN [2010] NSWDC 29

HEARING DATE(S): 16 November 2009

JUDGMENT DATE: 12 February 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: For the offence of aggravated break, enter and steal committed on 29 September 2008 the offender is sentenced to imprisonment. I set a non-parole period of two and a half years to date from 1 December 2008 and an overall term of four years. For the offence of stealing the Mercedes motor vehicle on 30 September 2008 I set a fixed term of one year to date from 1 December 2010. For the offence of break, enter and steal committed on 11 December 2008 the offender is sentenced to imprisonment. Taking into account the Form 1 matter I set a non-parole period of two and a half years to date from 1 June 2010, I set a head sentence for that matter of five years.

CATCHWORDS: CRIMINAL LAW - Sentence - Form 1 - Aggravated break, enter and steal - Drug adddiction - Continuing attitude of disobedience to the law

PARTIES: The Crown Clayton Kean

FILE NUMBER(S): DC 09/11/0795; DC 2009/00198608

COUNSEL: Mr K Magnus - Crown Mr K Buckman - Offender

SOLICITORS: Director of Public Prosecutions O'Brians Solicitors

SENTENCE

1 Clayton Kean appears for sentence today on a number of matters. The first of the matters for which he is to sentenced concerns an offence of aggravated break, enter and steal committed on 29 September 2008. Mr Kean went to some premises, he attempted to break in by removing a fly screen but was unsuccessful. He was then able to obtain a garden stake and put it through an unlocked dog door thereby reaching into one of the living rooms of the home hooking a bag and removing it. In doing so part of his body but not all of it crossed the line of the premises and so he broke into those premises and stole the bag and it's contents.