Regina v Stanley John Sebbens [2007] NSWDC 217

New South Wales District Court

CITATION: Regina v Stanley John Sebbens [2007] NSWDC 217

JUDGMENT DATE: 13 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Offender convicted of the offence; NPP 9 months; balance of term 6 months; Suspend sentence conditional upon entering bond.

CATCHWORDS: Criminal Law - Sentence - after s. 11 bail - Aggravated break enter and steal - standard non parole offence - broke in knowing person present - stole $3350, spent moneys on alcohol and gambled remaining proceeds - member of Christian commune - repaid victim by working 4 hours weekly for 52 weeks - mental health issues - plea of guilty - standard non parole period not appropriate.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

PARTIES: Regina Stanley John Sebbens

FILE NUMBER(S): 06/31/0054

SOLICITORS: Cr: Mr White Def: Ms Hall

SENTENCE

1 HIS HONOUR: For some years now Stanley John Sebbens has lived as a single male at the Camp Obadier Christian Community. He suffers from schizophrenia and in the normal course of events is usually good about taking his medication.

2 On 1 November, ironically All Saints Day, 2005 Dr David Allen, who also resides at a house within Camp Obadier, had placed a cash box containing something of the order of six to seven thousand dollars in a wardrobe upstairs above his surgery. He had not done banking for a couple of weeks and there were cheques and cash there.

3 He woke up at seven the next morning to find that the cash box had been taken from the wardrobe. The cash box and the cheques were located in the Camp Obadier region. A couple of days later on 4 November Dr Allen attended the Taree Police Station with Stanley Sebbens. Doctor Allen had spoken to the offender and the offender admitted to him stealing the cash box. He, that is Stanley Sebbens, was spoken to by police who were of a view that he was displaying symptoms consistent with a mental illness. He was interviewed.