R v Steele; R v Mahoney [2013] NSWDC 288

District Court New South Wales

Medium Neutral Citation: R v Steele; R v Mahoney [2013] NSWDC 288 Decision date: 31 May 2013 Before: Cogswell SC DCJ Decision: Mahoney - For the offence of break, enter and steal sentenced to non-parole period of 14 months. Balance of the term 14 months. Order directing release on parole today (31/5/13). Steele - For the offence of accessory after the fact to break, enter and steal sentenced to perform 150 hours of community service. Catchwords: CRIMINAL LAW - Particular offence - break, enter and steal - accessory after the fact to break, enter and steal - Sentence - relevant factors - gravity of offence - lower half of the range of seriousness for burglaries - most property recovered - prior criminality - response to charge - pleas of guilty - nature and circumstances of offenders - long histories of substance abuse - Steele has physical and mental health issues - Mahoney on conditional liberty when offence committed - custodial sentence appropriate - community service order therapeutic for offender Steele. Legislation Cited: Crimes Act 1900 (NSW), ss 112(1). Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 50, 86. Category: Sentence Parties: Regina (Crown) William Steele (Offender) Mitchell Mahoney (Offender) Representation: Counsel: D Marr (Offender - Steele) D Price (Offender - Mahoney) Solicitors: D Laird, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2012/00050262 (Steele) DC 2012/00066474 (Mahoney)