R v Stanley Thomas BOWDEN [2013] NSWDC 170

District Court New South Wales

Medium Neutral Citation: R v Stanley Thomas BOWDEN [2013] NSWDC 170 Decision date: 21 June 2013 Before: Cogswell SC DCJ Decision: Convicted of offences of take and drive conveyance, aggravated break, enter and steal, and specially aggravated break, enter and steal. Aggregate sentence of 8 years imprisonment, non-parole period of 5 years. Offender referred to the Drug Court to determine whether he should be the subject of a compulsory drug treatment order. Catchwords: CRIMINAL LAW - Particular offences - home invasion - offenders broke through front door with knives in each hand - home owner hit with baseball bat - suffered fractured skull and elbow - offender injured - Sentence - relevant factors - gravity of offence - lower end of range of objective seriousness - co-offender caused most of the damage and injuries to home owner - extensive criminal record - prospects of rehabilitation guarded - response to charges - remorse - acknowledged harm caused to home invasion victims in evidence - late guilty plea - 10 per cent discount - nature and circumstances of offender - traumatic event in childhood - longstanding substance abuse disorder - offending behaviour from early age - strong desire to rehabilitate himself - undertaking education course and drug and alcohol programme in prison - supportive family - special circumstances - longest period in custody to date, need for treatment, support and supervision upon release on parole - Form 1 for six offences taken into account for aggravated break, enter and steal - Sentencing procedure - relevant material - victim impact statements - graphic and articulate. Legislation Cited: Crimes Act 1900, s 112(2), s 112(3), s 154A(1)(a), s 154A(1)(b), s 192E(1)(a). Crimes (Sentencing Procedure) Act 1999, s 32, s 53A. Drug Court Act 1998, s 18B. Cases Cited: R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346; (1999) 106 A Crim R 149. R v Richard Fojt [2011] NSWCCA 20. R v Rossi-Murray [2009] NSWCCA 177. R v Van Rysewyk [2008] NSWCCA 130. Sheen v R [2011] NSWCCA 259. Category: Sentence Parties: Regina (Crown) Stanley Thomas Bowden (Offender) Representation: Counsel: T Edwards (Offender) Solicitor: D I Curran, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2011/175907