R v Burns; R v Usher [2015] NSWDC 174

District Court New South Wales

Medium Neutral Citation: R v Burns; R v Usher [2015] NSWDC 174 Hearing dates: 26 February 2015 Decision date: 27 February 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Burns 1. Sentenced to a term of imprisonment of 3 years. 2. Sentenced to a term of imprisonment of 4 years and 6 months with a non parole period being 2 years and 6 months 3. Sentenced to a term of imprisonment of 2 years and 6 months. s 166 Certificate In respect of each matter - Convicted. Pursuant s.10A Crimes (Sentencing Procedure) Act, 1999 no penalty is recorded. Usher Count 1 Form 1 matters taken into account . Sentenced to a term of imprisonment 5 years and 10 months with a non parole period being 3 years and 3 months Count 2 Sentenced to a term of imprisonment of 2 years and 6 months Catchwords: Criminal – sentence, aggravated break and enter, Form 1 matter, pleas of guilty, breach of trust, parity. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194 R v Huynh [2005] NSWCCA 220 Markarian v R [2005] 228 CLR 357 Mill v R [1988] HCA 70 Muldrock v The Queen [2011] HCA 39 Pearce v R [1998] 194 CLR 610 R v Ponfield [1999] NSWCC 435 R v Harris [2007] NSWCCA 130 R v Marshall [2007] NSWCCA 24 R v Stewart [2005] NSWCCA 290 R v Thomson and Houlton [2000] NSWCCA 309 Category: Sentence Parties: Director of Public Prosecutions Aarin Burns – Offender Richard Usher - Offender Representation: Counsel: Director of Public Prosecutions Mr Stewart – Mr Burns Mr Williams – Mr Usher Solicitors: Director of Public Prosecutions Greg Murphy Legal – Mr Burns Herring & Associates – Mr Usher File Number(s): 2013/3091622013/314650