Regina v Brian Edward Roberts [2007] NSWDC 191

New South Wales District Court

CITATION: Regina v Brian Edward Roberts [2007] NSWDC 191

HEARING DATE(S): 19 July 2007

JUDGMENT DATE: 17 August 2007

EX TEMPORE JUDGMENT DATE : 10 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Granted s.11 Crimes (Sentencing Procedure) Act bail conditional upon supervision, full time drug rehabilitation, reporting progress to Court and other conditions.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999

R v v Cuthbert (1967) 2NSWR329 CASES CITED: R v Rushby (1977) NSWLR 597 The Queen v Hayes(1984) 1 NSWLR 740 Lovelock v The Queen (1988) 19 ALR 327

PARTIES: Regina Brian Edward Roberts

FILE NUMBER(S): 06/31/0429

COUNSEL: Accused: Mr K Roser

SOLICITORS: Crown: Mr D O'Neill

JUDGMENT

1 HIS HONOUR: Brian Edward Roberts is a thirty-four year old recidivous offender. His first appearance before the courts was as a fifteen year old facing the Children's Court Magistrate in 1987 for break enter and steal. His first appearance as an adult occurred in 1990 before the Maitland Local Court for drink driving and other driving offences. This, on my counting is the tenth time he has faced a court where a prison sentence must be a consequence of his criminal conduct. His offences of choice are driving offences, usually driving whilst disqualified. He has also been sent to gaol for break enter and steal, three times on my count and for drug offences, interestingly, only on two occasions. Significantly, he has not previously been convicted of supplying drugs. It is a matter for which he is to be held accountable today.