R v Sean Luke TIBBEY [2009] NSWDC 146

New South Wales District Court

CITATION: R v Sean Luke TIBBEY [2009] NSWDC 146

24 October 2007 HEARING DATE(S): 3 October 2008 12 December 2008 20 March 2009

JUDGMENT DATE: 20 March 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: On each offence the offender is sentenced to imprisonment, with a non-parole period of six months to commence on 6 April 2009 and a head sentence of eighteen months. The non-parole period will expire on 5 October 2009.

CATCHWORDS: Criminal Law - Sentence after breaching s 11 remand - Break enter and steal - ADHD

PARTIES: The Crown Sean Luke Tibbey

FILE NUMBER(S): DC 07/31/0139

COUNSEL: P Massey - Offender

SOLICITORS: NSW DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: Sean Tibbey appears for sentence today. He was before me some time ago when the matter was dealt with at the East Maitland District Court. On that occasion, having read the evidence put before me, I determined that there were prospects for Mr Tibbey's rehabilitation and put him on a s 11 remand. Unfortunately he has breached that remand in a number of ways; firstly by committing a further offence and secondly by failing to report to the Probation and Parole Service as required.

2 As I told Mr Tibbey at the time of putting him on a s 11 remand, if he committed further offences or a further offence, I would send him to full-time gaol. I also told him that it was not a pleasant place.

3 Mr Tibbey committed two offences of break enter and steal just before his eighteenth birthday and two just after his eighteenth birthday. I am dealing with the latter two. They were both committed on the same night when he and his co-offender broke into the Target store in Scone by removing a roof panel and then by cutting through some padlocks on a shipping container at the rear of the store. They then took a number of items of electronic equipment. Shortly thereafter they went to another shop in Scone. There they broken into more shipping containers, but did not take much material at all. The following day Mr Tibbey's premises were searched, and he was arrested shortly thereafter when he attended at the Muswellbrook Police Station.