NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Ivers [2019] NSWDC 428 Hearing dates: 29 April 2019; 02 August 2019 Date of orders: 02 August 2019 Decision date: 02 August 2019 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: I convict you of one count of enter dwelling house with intent to commit a serious indictable offence in circumstances of aggravation.
After a reduction of 20% for your plea of guilty, I sentence you to a term of imprisonment consisting of 2 years, 7 months and 6 days, commencing from 20 March 2018, with a non-parole period of 1 year, 9 months and 15 days. The head sentence will expire on 25 October 2020. You will be entitled to be released on parole on 3 January 2020. Catchwords: SENTENCING – enter dwelling house with intent to commit a serious indictable offence in circumstances of aggravation (ie in company) – aggravating factors including breach of parole, record of previous convictions – special circumstances found Legislation Cited: Crimes Act 1900 (NSW) (the Crimes Act), ss 111(2), 117 Crimes (Sentencing Act) 1991 (NSW), ss 3A, 21A, 44(2) Cases Cited: Muldrock v The Queen (2011) 244 CLR 120 Markarian v The Queen [2005] HCA 25 Veen v The Queen [No 2] (1988) 164 CLR 465 Category: Sentence Parties: Regina (Crown) Ivers (Offender) Representation: Counsel: Mr Howell (Ivers)
Solicitors: Mr Freelander (Crown) Mardini Defence Lawyers (Ivers) File Number(s): 2017/384883
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