R v Stephen Pfuhl; R v Jake Gardiner [2018] NSWDC 467

District Court New South Wales

Medium Neutral Citation: R v Stephen Pfuhl; R v Jake Gardiner [2018] NSWDC 467 Hearing dates: 11 – 12 October Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Stephen Pfuhl: I sentence you to imprisonment. I set a non-parole period of one year and three months, commencing on 30 August 2017 and expiring on 29 November 2018. I impose a further period of imprisonment of one year to commence upon the expiration of the non-parole period and expiring on 29 November 2019. The total sentence is therefore two years and three months comprising the non-parole period and the balance of the sentence. I have found special circumstances. You are eligible to be considered for release to parole at the expiration of the non-parole period.

Jake Keith Anthony Gardiner: I sentence you to imprisonment. I set a non-parole period of one year and two months commencing on 16 July 2018 and expiring on 15 September 2019. I impose a further period of imprisonment of one year and one month to commence upon the expiration of the non-parole period and expiring on 15 October 2020. The total sentence is therefore one year and three months comprising the non-parole period and the balance of the sentence. I have found special circumstances. You are eligible to be considered for release to parole at the expiration of the non-parole period. Catchwords: CRIME – SENTENCE - break, enter and steal knowing a person present in premises - co-offenders - joint criminal enterprise - in company but victim asleep during crime - small amount taken of no sentimental value - no property damage - offenders having different personal circumstances - parity - when should sentence commence (PFUHL) - alleged risk of institutionalisation (GARDINER) Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Ponfield [1999] NSWCCA 435 R v Gardiner [2016] NSWDC 402 R v Gardiner [2017] NSWDC 409 Category: Sentence Parties: Regina (Crown) Stephen Pfuhl (Offender) Jake Gardiner (Offender) Representation: Counsel: Ms Stuart (Crown) Mr Voros (Offender Pfuhl) Ms Khalilizadeh (Offender Gardiner)