R v Dennis Wilson [2008] NSWDC 11

New South Wales District Court

CITATION: R v Dennis Wilson [2008] NSWDC 11

HEARING DATE(S): 3/12/07, 4/12/07, 5/12/07 (Trial) 1/2/08, 8/2/08 (Sentence)

JUDGMENT DATE: 8 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: The offender is formally convicted. The offender is sentenced to a non-parole period of 16 months imprisonment to date from 1 March 2007, and to expire on 30 June 2008. The balance of the term will be one of 8 months which will expire on 28 February 2009.

CATCHWORDS: aggravated enter dwelling house with intent to steal - knowing that a person or persons were in the place where the offence was committed - CCTV footage - History of drug use - Methadone program - Significant criminal history - Substantial degree of planning - No evidence of remorse - Fernando factors

LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999

Veen v The Queen (No2) (1988) 164 CLR 465 R v Fernando (1992) 76 A Crim R 58 Fernando [2002] NSWCCA 28 R v Silva [2002] NSWCCA 332 CASES CITED: R v Labrooy [2004] NSWCCA 371 R v Henry & others[1999] NSWCCA 111 R v Ponfield (1999) 48 NSWLR 327 Vu [2006] NSWCCA 188 Regina v Carter [2003] NSWCCA 243

PARTIES: Regina Dennis Wilson

FILE NUMBER(S): 07/11/0494

COUNSEL: Crown: Mr P Aitken Defence: Mr T Edwards

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JUDGMENT

Indictment

1 On 5 December 2007 the offender was convicted by a jury following a trial on count one of an indictment which was as follows: On 23 January 2007 at Potts Point in the State of New South Wales he did enter a dwelling house, namely 17-18 of 18 Springfield Avenue, Potts Point with intent to commit a serious indictment offence therein, namely stealing in circumstances of aggravation, namely knowing that a person or persons were there in the place where the offence was committed.