R v SCHWARZ [2018] NSWDC 510

District Court New South Wales

Medium Neutral Citation: R v SCHWARZ [2018] NSWDC 510 Hearing dates: 19 July 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Criminal Before: TUPMAN DCJ Decision: Aggregate Sentence with a NPP of 2 years; Parole of 18 months; Overall term of imprisonment 3 years 6 months. Indicative sentences: H64242437 Seq 3- 18 months. H66238884 Seq 3- 18 months. H67190949 Seq 1- 2 years 3 months; Indicative NPP 2 years 3 months. Catchwords: CRIMINAL LAW – Sentence – Three offences of entering a dwelling with intent to steal, aggravated by knowing persons were present – Entry gained at night through open balcony doors when victims asleep – Goods taken for first two offences not of high value but credit cards stolen and used – Considerable inconvenience to victims in addition to violation of privacy – Third offence aggravated because on bail for the first two offences – Form 1 offences mainly involving fraudulent use of stolen credit cards –Early Plea of Guilty with 25% discount – Drug addiction catalyst for offending – Offender Aboriginal Australian – Lengthy prior criminal record – Six separate periods of imprisonment – Background of trauma and dysfunction – Abused as a child – Homeless from young age – Few social contacts – Suffering from epilepsy – Guarded prospects of rehabilitation – Special circumstances found. Legislation Cited: Crimes Act 1900 (NSW), ss 111(2), 112(2), 154A, 192E(1)(a)-(b). Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A, 53A. Criminal Procedure Act 1986 (NSW), s 166. Road Transport Act 2013 (NSW), s 53(1)(a).