District Court New South Wales Medium Neutral Citation: R v Milton [2012] NSWDC 310 Hearing dates: 14 December 2012 Decision date: 14 December 2012 Before: Berman SC DCJ Decision: Ordered to perform a total of 300 hours community service Catchwords: CRIMINAL LAW - Sentence - Aggravated enter dwelling house with intent to steal - Stealing from a dwelling - Offender on s11 bond Legislation Cited: Crimes (Sentencing Procedure) Act Category: Sentence Parties: The Crown Jackson Milton Representation: Solicitors: The Director of Public Prosecutions Armstrong Legal - Offender File Number(s): 2011/188617 Judgment 1HIS HONOUR: When Jackson Milton first appeared before me some time ago now, he was living in a residential rehabilitation facility and making progress towards putting his abuse of drugs behind him. With the consent of the Crown, the matter was adjourned under s 11 of the Crimes (Sentencing Procedure) Act, to allow Mr Milton to demonstrate rather than just promise, rehabilitation. When the matter came back before me today, Mr Milton had done what was expected of him. There is no suggestion that he is using drugs. He has fulltime work. He has not committed any further offences and he continues to engage with rehabilitation programs. In short, he has done what was expected of him. He has demonstrated rehabilitation rather than just promise it. 2Of course, the most fundamental purpose of sentencing is to protect society. Usually that is done by imposing harsh sentences, where appropriate, in order that both individual offenders, and others who might be tempted to break the law, will be deterred from committing criminal offences. But on occasions, and this is one, the protection of society is best achieved by a sentence which promotes rehabilitation rather than punishment. 3Of course, this is not at all to ignore the significant offences which Mr Milton committed. Whilst under the influence of drugs and after being appropriately refused more money by his parents, he went wandering the streets in order to find some way of obtaining some more money to buy more drugs. He came across a residence where a door was left ajar. He pushed it open and went inside. There were people sleeping inside at the time, a couple and their three children. 4The man of the house woke up and went downstairs in the early hours of the morning. He saw the offender in his kitchen and said, eloquently, "what the fuck are you doing?" When Mr Milton started to walk off, Mr McDonald grabbed him and held him to the ground. He said at one stage, "why did you break in", and Mr Milton accurately replied, "I am a heroin addict". Mr McDonald asked Mr Milton to show him what he had got and what he had taken, and so Mr Milton took Mr McDonald to the back veranda of the home where Mr McDonald saw a significant amount of his property awaiting transport away from the home. 5The police arrived soon afterwards and Mr Milton was taken into custody. Fortunately, it would seem, that the property was all recovered. He then spent some three months in gaol before being released on bail. He then spent a further period of quasi custody at the residential rehabilitation facility, and on top of that, was reporting daily for a period of about five months. So to that extent, Mr Milton has already been punished for what he has done, but it is accepted that further punishment is required to reflect the objective gravity of what he did. 6It is a frightening and serious experience for a householder to find that the security of their property has been invaded by a person who really thinks little about their legitimate rights and is only concerned with getting money to buy drugs. What the offender did was seriously wrong and there does need to be further punishment. 7The offender's problems with the law all relate to his problems with drugs. He has, in the past, been able to spend some years drug free, and when he was doing that he was able to work well and live a productive life. Indeed, at one stage, as was noted on the first occasion that Mr Milton appeared before me, he acted very bravely in apprehending a violent offender and received an award from the State government. He is entitled to be proud of his actions on that occasion but he is also entitled to be proud because of what he has achieved of recent times. Giving up drugs is hard work but Mr Milton, with the loving support of his parents who have stood by him over many heartbreaking years, is to be commended. 8His offending came at a time of a downward spiral, at least partly due to his relationship with a young woman who was also a drug user, but he has been able to put such experiences behind him - give up drugs and give up crime. It is to be hoped that this is the last time that Mr Milton does appear before the courts for a criminal matter. 9Anyone looking at the sentences that I am shortly to announce, must remember that they come on top of the custody, quasi custody and daily reporting that I mentioned earlier. I should also mention that the offender pleaded guilty at the earliest opportunity. I will not quantify the discount that I have allowed for those pleas of guilty but will say that the pleas of guilty are amongst the matters that I have taken into account in deciding to impose a different form of sentence from that I would ordinarily have imposed. In particular, it has led me to decide to impose a non-custodial sentence on Mr Milton. 10He is remorseful for what he has done. He recognises, I think, the harm that he has done over the years, not only to the victims of his crime but also to his family. He has caused them trouble and it is a great credit to him that they have stood by him and are in court today, as they have been on every other occasion. 11For the offence of stealing from a dwelling, the offender is convicted and ordered to perform 100 hours community service. 12For the offence of aggravated enter a dwelling with intent to steal, the offender is convicted and ordered to perform 200 hours community service. 13Those periods of community service are to be performed cumulatively, making a total therefore of 300 hours community service. 14The offender is to report to the City District Office of the Probation and Parole Service within seven days in order to commence serving his community service. 15HIS HONOUR: Now Mr Milton, you have done community service in the past, so you know what is involved. The only thing I really want to tell you is that if you do not do it, then Corrective Services let me know and you will come back before me, and I can tell you I will be very disappointed if I see you and you will be the person that suffers because of my disappointment. You will actually, probably be worse off then if I just had not given you this opportunity. Do you understand that? Can I put it bluntly. You will probably go to gaol if you do not do your community service so bear that in mind if you ever face any temptations in the future. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 20 August 2014