R v Adrian MURRAY [2009] NSWDC 407

New South Wales District Court

CITATION: R v Adrian MURRAY [2009] NSWDC 407

JUDGMENT DATE: 24 April 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Mr Murray is sentenced to 21 months imprisonment, wholly suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act, on the condition that he enter into a good behaviour bond for 21 months.

CATCHWORDS: CRIMINAL LAW - sentence - aggravated break, enter and steal in company - prospects of rehabilitation - offence unsophisticated and unplanned - offence committed in company - significant relevant prior record - offence committed while serving suspended sentence - specific deterrence - weight to be given to guilty plea

LEGISLATION CITED: Crimes Act 1900 s 113(2) Crimes (Sentencing Procedure) Act 1999 s 9, s 12

CASES CITED: R v Falls [2004] NSWCCA 335

PARTIES: Regina Adrian Murray

FILE NUMBER(S): 2008/2991

COUNSEL: Ms C Mendes (for the offender)

SOLICITORS: Mr Kiru (NSW Office of Director of Public Prosecutions)

JUDGMENT

1. I am sentencing a young man who has a troubled past. That troubled past has brought him into contact with the criminal law. He has a criminal record both here in New South Wales and in Queensland. He has committed yet another crime which is significantly serious and that is the crime I need to sentence him for. He has the enormous benefit of a strong and supportive family environment, particularly over the last 18 months or so. Therefore his prospects of rehabilitation feature significantly in this case and will have an impact on the sentence which I will impose.

2. First, I must start with what he is charged with and what happened. His name is Adrian Murray. He is charged with breaking and entering a school house with intent to steal. The offence is said to have been committed on 23 September 2007 and the offence is a crime under s 113(2) of the Crimes Act 1900 and carries a maximum of 14 years imprisonment. The offence is an aggravated version of breaking and entering and stealing because it was committed by Mr Murray when he was in company with other offenders.