R v Glare [2014] NSWDC 298

District Court New South Wales

Medium Neutral Citation: R v Glare [2014] NSWDC 298 Decision date: 23 October 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: An aggregate sentence of 3 years imprisonment is imposed with a non-parole period of 18 months. Catchwords: CRIMINAL LAW - particular offences - aggravated break, enter and steal - aggravated break and enter with intent to commit a serious indictable offence - possess housebreaking implements - receive stolen property - larceny - enter building with intent to commit serious indictable offence - deal with proceeds of crime - offending related to drug addiction - fall from stable family life to drug addiction - sentence - nature and circumstances of offender - strong and supportive family - good character -demonstrated remorse - commitment to rehabilitation - relevant factors - no prior relevant criminality - some offences committed while on conditional liberty - risk of re-offending - pre-sentence report opined low to medium risk of re-offending - gravity of offence - lower end of range of objective seriousness - sheer number of offences - totality - plea of guilty at earliest opportunity - 25% discount - special circumstances for adjusting ratio between head sentence and non-parole period - first time in custody - need for residential rehabilitation - need for supervision in the community - Form 1 for 16 offences taken into account on sentence Legislation Cited: Crimes Act 1900 (NSW), ss 112(2), 113(2) Criminal Procedure Act 1986 (NSW), s 166 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 23, 50, 53A Category: Sentence Parties: Regina (Crown) Christopher James Glare (offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Barron Law (offender) File Number(s): 2013/00315258; 2014/00094546; 2014/00098594; 2014/00123762