R v Warren [2019] NSWDC 226

District Court New South Wales

Medium Neutral Citation: R v Warren [2019] NSWDC 226 Hearing dates: 15 April 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to an aggregate sentence of five years and three months imprisonment with a non-parole period of three years and six months Catchwords: SENTENCING — break and enter offences — aggregate sentence of imprisonment Legislation Cited: Crimes Act Crimes (Sentencing Procedure) Act Drug Court Act Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Ponfield (1999) 48 NSWLR 32 TL v R [2017] NSWCCA 308 Category: Sentence Parties: Luke Warren (Offender) Director of Public Prosecutions (Crown) Representation: Counsel:

Solicitors: N Abdi (Offender) C Ervin (Crown) File Number(s): 2018/00069939

SENTENCE 1. The offender Mr Warren pleaded guilty in the Local Court and adhered to those pleas before me in relation to the following offences: that on 6 February 2018 he broke and entered a dwelling house at 14 Guardian Crescent, Bligh Park with intent to steal, that is referred to as sequence 1. Then on 2 March 2018 he broke and entered a dwelling house at 15 Bowaga Avenue at Blaxland with intent to steal, that is sequence 7. 2. The third offence is that on 26 February 2018 he broke and entered a dwelling house at 10 Glenville Street, McGraths Hill with intent to steal, that is sequence 11. Those three offences are under s 113(1) of the Crimes Act and have a maximum penalty of 10 years imprisonment and there is no applicable standard non-parole period. 3. There is a fourth offence that between 22 and 23 February 2018 the offender broke and entered a dwelling house at 24 Garfield Road, McGraths Hill and stole $2000 in currency from the victim, being the occupant of the house, that is sequence 10. 4. There is a fifth offence that between 2 and 3 March 2018 the offender broke and entered a dwelling house at 6 Coreen Place, Blaxland and stole certain property being a Waterford crystal crucifix on a silver chain together with other items of jewellery and a toiletry bag, that is sequence 13. 5. There is a sixth offence that on 14 February 2018 the offender broke and entered the premises situated at 28 Perkins Drive, Kellyville and attempted to steal property, that is sequence 19. 6. There is a seventh offence that on 2 March 2018 the offender broke and entered a dwelling house at 161 Russell Street, Emu Plains and stole a backpack and keys, that is sequence 20. 7. There is an eighth offence that on 2 March 2018 the offender broke and entered a dwelling house at 196 Nepean Street, South Leonay and stole certain personal property, that is sequence 21. 8. There is a ninth offence that on 28 February 2018 the offender broke and entered a dwelling house at 10 Power Street, Prairiewood and stole certain property being a guitar valued at $5000, a Tiffany gold necklace valued at $2000, a tennis bracelet valued at $1000 and $200 in cash, that is sequence 23. 9. Those last six offences are offences under s 112(1) of the Crimes Act and have a maximum penalty of 14 years imprisonment; again there is no applicable standard non-parole period. 10. There is a form 1 and the offender asks that when sentencing him on the break enter and steal offence on 2 March 2018 that occurred at the premises at 196 Nepean Street, South Leonay I take into account his acknowledged guilt in relation to the offences on the form 1. Those offences are four break and enter and steal offences, two break and enter with intent to steal offences and one possess police uniform offence. I have taken those offences into account in accordance with the guideline judgment concerning form 1 offences. Given the nature of those offences and the number of them they will have some impact on the sentence to be imposed on that offence.