R v Connelly [2019] NSWDC 444

District Court New South Wales

Medium Neutral Citation: R v Connelly [2019] NSWDC 444 Hearing dates: 20 August 2019 Decision date: 29 August 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full time custodial sentence. For orders see [51] Catchwords: Multiple break and enter, commit serious indictable offence, damage property and possess housebreaking implements offences; aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v R (2013) 302 ALR 192 R v Cahyadi [2007] NSWCCA 1 R v Ponfield [1999] NSWCCA 435 R v Van Ryn [2016] NSWCCA 1 Category: Sentence Parties: Director of Public Prosecutions (Crown) Jordan Connelly (Offender) Representation: Solicitors: A Webb (Crown) W Hennessy (Offender) File Number(s): 18/329753 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following three offences: 1. Sequence 1 - Break and enter, commit serious indictable offence (larceny) pursuant to s 112(1)(a) of the Crimes Act 1900. 2. The maximum penalty for that offence is 14 years imprisonment and there is no Standard Non-Parole Period. 3. Sequence 7 - Damage property pursuant to s 195(1)(a) of the Crimes Act 1900. The maximum penalty for that offence is 5 years imprisonment and there is no Standard Non-Parole Period. 1. Sequence 4 - Escape lawful custody. This is a common law offence for which the maximum penalty is 2 years imprisonment. 1. In addition, on the offence of break and enter, commit serious indictable offence, pursuant to s 112(1)(a) of the Crimes Act, the offender has asked for the following four charges to be dealt with on a Form 1: 1. H69760771/sequence 2 – break, enter and steal from Enchanted Beauty the sum of $25 in cash. 2. H69760771/sequence 3 – break, enter and steal Wrecked Vintage Concept Store the sum of $100 cash. 3. H69760771/sequence 5 – possess implement of housebreaking pursuant to s 114(1) of the Crimes Act. 4. H69760771/sequence 6 – damage property, the front door of Luxe Artistry and Hair Boutique pursuant to s 195(1)(a) of the Crimes Act. 1. There are two further related offences set out in a certificate pursuant to s 166 of the Criminal Procedure Act 1986. They are sequence 6, escape from lawful custody, and sequence 10, damage property, the front door of Luxe Artistry and Hair Boutique. Those charges are to be withdrawn and dismissed following sentence. 2. The offences occurred on 26 October 2018. The offender was arrested on 12 March 2019 and has been in custody since that date. He was committed for sentence on 23 July 2019 from Coffs Harbour Local Court.