R v Weir [2019] NSWDC 301

District Court New South Wales

Medium Neutral Citation: R v Weir [2019] NSWDC 301 Hearing dates: 31 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is convicted and sentence to a period of imprisonment for two years and two months, with a non‑parole period of 16 months. The sentence is to commence from 3 February 2018 and will expire on 1 April 2020. The non‑parole period is to commence from 3 February 2018 and the offender will be eligible for parole on 2 June 2019. Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence — Circumstances of aggravation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v McNaughton (2006) 66 NSWLR 56 R v Moon [2000] NSWCCA 534 R v Ponfield (1999) 48 NSWLR 327 Category: Sentence Parties: Regina (Crown) Cameron Weir (Offender) Representation: Solicitors: Ms J Walshe Mr S Fraser File Number(s): 2016/00323503; 2018/00036583

Judgment

INTRODUCTION 1. Cameron Weir appears for sentence having pleaded guilty to aggravated break and enter and commit serious indictable offence, namely larceny, contrary to s 112(2) of the Crimes Act 1900. The statutory maximum penalty is 20 years' imprisonment and there is a standard non-parole period of five years. 2. The maximum penalty and the standard non-parole period is an important guidepost in the assessment of sentence. A judge should steer by the maximum penalty but not aim for it. 3. The offender has been in custody since 3 February 2018 and I will take that matter into account when I determine the commencement date of the sentence.