R v Malo [2018] NSWDC 443

District Court New South Wales

Medium Neutral Citation: R v Malo [2018] NSWDC 443 Hearing dates: 11 May 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: See [43] Catchwords: CRIME – break and enter – special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v McNaughton (2006) 66 NSWLR 566 R v Ponfield (1999) 48 NSWLR 327 Veen v The Queen (No 2) (1988) 164 CLR 465 Texts Cited: None Category: Sentence Parties: Regina (Crown) Nacagilevu Dakulala Malo (Offender) Representation: Solicitors: ODPP (Crown) Legal Aid (Offender) File Number(s): 2017/161478 Publication restriction: None

Remarks on Sentence

Introduction 1. The offender appears before the Court today for sentence in relation to a matter to which he has pleaded guilty on the Crown Sentence Summary, namely a breach of s112(1)(a) of the Crimes Act 1900, being break and enter a dwelling house to commit a serious indictable offence, namely steal.

Offence 1. The charges relate, as I say, to events that occurred on 29 May 2017 between 10.58am and 11.30am at Auburn where it was alleged by the Crown and accepted by the offender that he broke and entered the dwelling house of Can Odabas at 9/44-48 Northumberland Road, Auburn and while in those premises did steal certain property, being a rose gold Apple iPhone, an Apple iPad, a watch, a small amount of money being $15, all of which were the property of the aforementioned occupant of the premises.