WISEMAN, Maxwell Leslie Thomas v R [2009] NSWDC 439

New South Wales District Court

CITATION: WISEMAN, Maxwell Leslie Thomas v R [2009] NSWDC 439

JUDGMENT DATE: 23 June 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Under s 20(2) of the Crimes (Appeal and Review) Act 2001 I set aside the sentence of the learned Magistrate. Under s 9 of the Crimes (Sentencing Procedure) Act 1999 I make an order directing Mr Wiseman to enter into a good behaviour bond for three years.

CATCHWORDS: CRIMINAL LAW - sentence appeal - break and enter with intent - convicted after hearing - criminal record - pre-sentence report - report from Benelong's Haven Family Rehabilitation Centre - history of drug addiction - unsuitable for community service and ineligible for periodic detention - lengthy criminal record - has spent 6 months in residential rehabilitation

Crimes Act 1900 s 113(1) LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 s 20 Crimes (Sentencing Procedure) Act 1999 s 9, s 11, s 12

PARTIES: Regina Maxwell Leslie Thomas Wiseman

FILE NUMBER(S): 2008/12/1935

SOLICITORS: Ms Graham for the Director of Public Prosecutions Ms Skinner for Mr Wiseman

JUDGMENT

1. This is a refreshing case for a judge to deal with because it involves an offender who is making genuine efforts to overcome significant personal problems which have led him into trouble with the law over many years.

2. The case that I am hearing is an appeal. It is an appeal from a sentence imposed by a Magistrate. The Magistrate imposed a gaol term and Mr Wiseman, who is the appellant, asks me to set aside the gaol term and to impose a sentence which does not involve full-time custody.

3. Mr Wiseman was charged with an offence called break and enter with intent. That is a crime under s 113(1) of the Crimes Act 1900. Mr Wiseman committed the crime on 21 January, 2007 at Dubbo.