R v White [2019] NSWDC 298

District Court New South Wales

Medium Neutral Citation: R v White [2019] NSWDC 298 Hearing dates: 22 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate term of imprisonment of 6 years with a non-parole period of 3 years 6 months Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence CRIME — Property offences — Break and enter with intent to commit serious indictable offence SENTENCING — Relevant factors on sentence — Form 1 offences Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No. 1 of 2002 at [2002] NSWCCA 518 Borkowski [2009] NSWCCA 102 Bugmy [2013] HCA 37 Callaghan v R [2006] NSWCCA 58 Fernando (1992) 76 A Crim R 58 McNaughton [2006] NSWCCA 242 Category: Sentence Parties: Regina (Crown) Michael Scott White (Offender) Representation: Dion Carnell (Crown) Lynda Davids (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Legal Aid Commission (NSW) (Offender) File Number(s): 2018/00139778, 2018/00139799, 2018/00163851 & 2018/00197038

EX TEMPORE JUDGEMENT (REVISED) 1. Michael Scott White is now 48 years of age and today is presented for proceedings on sentence in respect of two offences with additional offences to be taken into account pursuant to s 32 Crimes (Sentencing Procedure) Act 1999, the particulars of which are included on two separate Forms 1, one each for the principal offences upon which sentence is to be determined.