R v Gordon Joshua SIMPSON [2012] NSWDC 268

District Court New South Wales

Medium Neutral Citation: R v Gordon Joshua SIMPSON [2012] NSWDC 268 Decision date: 29 June 2012 Before: Cogswell SC DCJ Decision: For the two offences of aggravated break, enter and steal and break, enter and steal - aggregate sentence imposed: 3 years and 9 months imprisonment, non-parole period 1 year and 11 months, balance 1 year and 10 months. Catchwords: CRIMINAL LAW - Particular offences - property offences - break, enter and steal - lower end of objective seriousness although significant amounts involved - Sentence - relevant factors - circumstances of the offence - use of offensive weapon - scissors - offences committed while on parole - lengthy criminal record - difficulty adjusting to life outside gaol - risk of institutionalisation - offences not planned or sophisticated - left DNA at scene - guilty plea - circumstances of the offender - young Aboriginal man - culturally aware - trusted in the prison system - participated in programmes for rehabilitation in prison and warning children of dangers of drugs - single addiction to heroin - genuine desire to live drug-free lifestyle and give to his community - strong family support - tickets for use of machinery - purpose of sentence - general deterrence - protection of community - specific deterrence necessary - rehabilitation - ratio between non-parole period and full term reduced to 50 per cent - special circumstances - substantial period on parol to attend residential rehabilitation facility - Form 1 taken into account. Legislation Cited: Crimes Act 1900 s 112(1)(a), s 112(2) Crimes (Sentencing) Procedure Act 1999 s 32, s 53A Cases Cited: R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435. Category: Sentence Parties: Regina (Crown) Gordon Joshua SIMPSON (Offender) Representation: Solicitors: E Curran (Crown) A Wong (Offender) File Number(s): DC 2011/278140; 2011/349464