Brough v R [2013] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Brough v R [2013] NSWCCA 110 Hearing dates: 24 April 2013 Decision date: 16 May 2013 Before: Latham J at [1]; Button J at [2]; Barr AJ at [3] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW: sentence appeal- drug rehabilitation- institutionalisation at a young age- non-parole period. Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 R v Rushby [1977] 1 NSWLR 594 R v Hayes [1984] 1 NSWLR 740. Category: Principal judgment Parties: Corey Brough (Applicant) Regina (Respondent) Representation: Counsel: P Segal (Applicant) N Adams SC (Respondent) J Davidson (Respondent) Solicitors: Brock Partners (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/279629 Decision under appeal Date of Decision: 2012-05-11 00:00:00 Before: Coorey DCJ File Number(s): 2011/279629

Judgment 1Latham J: I agree with Barr AJ. 2Button J: I agree with Barr AJ. 3BARR AJ: This is an application for leave to appeal against sentences imposed in the District Court.

The Facts 4At 10.17 pm on 28 August 2011 the occupant of a pharmacist's shop at 460 Church Street, Parramatta locked the premises and left. Seven minutes later the applicant, Corey Brough, and two others broke through the back door and entered the shop. They stole a cash box containing about $100. The applicant was then 29 years old. One of his companions was his 18 year old brother Kyle Brough. 5At 11.08 pm on the same night the same three broke into another locked shop, the premises of Fitness First at 57 Macquarie Street, Parramatta. They stole a little over $2,500 in cash together with goods worth more than $700. 6The three were stopped and searched by police about an hour later. Each possessed a substantial amount of cash the proceeds of the second theft. Police searched the applicant's residence two days later and found clothing matching that worn by the three thieves, as recorded on security cameras. 7In the Local Court the applicant pleaded guilty of two counts of aggravated breaking and entering and committing the serious indictable offence of larceny, contrary to s 112 (2) Crimes Act 1900. The aggravation was constituted by the company in which the applicant committed the offences. The maximum penalty for each offence is 20 years' imprisonment.