R v Longbottom [2018] NSWDC 351

District Court New South Wales

Medium Neutral Citation: R v Longbottom [2018] NSWDC 351 Hearing dates: 26 October 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: See [68] to [78] Catchwords: CRIMINAL LAW – offences – dishonestly obtain property by deception – enter dwelling with intent to steal – aggravated break enter and steal – indictable offence SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – financial gain – record of previous convictions – offences committed in the home of the victim – good prospects of rehabilitation – plea of guilty – duress – significant health problems SENTENCING PRINCIPLES – remorse – totality – aggregate sentences – special circumstances – exceptional hardship OTHER – theft of credit cards and personal belongings from dwellings – use of stolen credit cards to purchase goods – acting under duress Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Dipangkear v R [2010] NSWCCA 156 at [34] Hoskins v R [2016] NSWCCA 157 at [63] R v Borkowski (2009) 195 A Crim R 1 at [32] R v Todorovic [2008] NSWCCA 49 R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: R v Renee Longbottom Representation: Solicitors: ODPP (Regina) Aboriginal Legal Service (Defendant) File Number(s): 2015/352260 Publication restriction: None