R v DOWELL; R v HEARNE [2015] NSWDC 320

District Court New South Wales

Medium Neutral Citation: R v DOWELL; R v HEARNE [2015] NSWDC 320 Hearing dates: 27/07/2015 Decision date: 29 July 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Dowell - Aggravated break enter:- Sentenced to a term of imprisonment of 3 years and 3 months with a non-parole period of 1 year and 9 months. s 7A Firearms Act - Sentenced to a term of imprisonment of 12 months. s 166 certificate offences: - Sentenced to a term of imprisonment of 9 months. Fined $500.00 Hearne - Aggravated break enter:- Sentenced to a term of imprisonment of 2 years and 3 months with a non-parole period of 1 year. s 7A Firearms Act, for each charge - Sentenced to a term of imprisonment of 12 months. s 7 Firearms Act - Sentenced to a term of imprisonment of 12 months with a non-parole period of 6 months Catchwords: Criminal – Sentence, break and enter, larceny in circumstances of aggravation - in company of the other, early plea, unlawfully possess firearm, theft of firearms from rural property, parity, mental health issues, standard non parole periods. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Firearms Act 1996 Cases Cited: DPP v De La Rosa [2010] NSWCCA 194 Harris v R [2007] NSWCCA 130 R v Henry [1999] NSWCCA 107 Huynh v R [2005] NSWCCA 220 Jimmy v R (2010) 77 NSWLR 540 Markarian v R (2005) 228 CLR 357 Muldrock v R (2011) 244 CLR 120 R v Ponfield (1999) 48 NSWLR 327 R v Postiglione (1998) 189 CLR 295 R v Thomson and Houlton [2000] NSWCCA 309 Category: Sentence Parties: Director of Public Prosecutions – Crown Thomas Dowell - Offender James Robert Hearne - Offender Representation: Counsel: Mr King – Mr Hearne