R v Milligan [2019] NSWDC 562

District Court New South Wales

Medium Neutral Citation: R v Milligan [2019] NSWDC 562 Hearing dates: 19 August 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Paragraphs [85] to [89] Catchwords: CRIME — Property offences — Break, enter and steal — steal property in dwelling house — Break, enter and commit serious indictable offence CRIME — Violent offences — Assault occasioning actual bodily harm SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crime (Sentencing Procedure) Act 1999 Crimes Act 1900 Summary Offences Act 2005 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v McNaughton (2006) 66 NSWLR 566 R v Ponfield (1999) 48 NSWLR 327 TL v The Queen [2017] NSWCCA 308 Veen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (DPP) Aaron John Milligan (Offender) Representation: Counsel:

Solicitors: A Fiorenza (Crown) S Hedberg (Legal Aid) (Offender) File Number(s): 2018/00254406 2018/00366389

SENTENCE 1. HIS HONOUR: The offender pleaded guilty in the Local Court to four offences and adhered to those pleas before me. There are also three Form 1 documents which contain offences that I have to take account of when imposing sentence on the primary counts which I will explain shortly. 2. The four offences are as follows. A break, enter and steal offence on 4 August 2018, the premises being a residential unit at Roseberry. The property stolen included a laptop computer, a purple amethyst pendant, another item of jewellery, a passport, and an NAB credit card, being the property Jing Li. That is an offence under s 112(1)(a) of the Crimes Act and has a maximum penalty of 14 years' imprisonment. 3. There is also an offence of steal property in a dwelling house on 4 August 2018 at Waterloo, being a bicycle, from the dwelling house of Emma Sullivan, situated in Waterloo. That is an offence under s 148 of the Crimes Act and has a maximum penalty of seven years' imprisonment. 4. When sentencing the offender on the break and enter offence, I am to take into account the offences on a Form 1, which include offences of obtaining a financial advantage by deception essentially using the credit card to obtain items from retail outlets. The amount of fraudulently obtained property using that car was modest in value. 5. There is also on that Form 1 a possess prohibited drug and a larceny offence. There is also an offence under s 6A of the Summary Offences Act which is a fine only offence. 6. The level of seriousness of the offences on that Form 1 is not such as to have a significant impact on the sentence I am to impose on the break and enter offence. 7. There is then an offence under s 114/115 of the Crimes Act that between 11 and 12 August 2018, being a person having previously been convicted of an indictable offence, the offender committed an offence described in s 114 of the Crimes Act being an offence of being armed with intent to commit an indictable offence. That offence has a maximum penalty of 10 years' imprisonment. 8. There is also an offence of between 11 and 12 August 2018 the offender caused actual bodily harm to a Handi Ng. That is an offence under s 59 of the Crimes Act and has a maximum penalty of five years imprisonment. 9. When sentencing the offender on the offence under s 114/115 of the Crimes Act I am to take into account on a Form 1 an offence of larceny, which involved property to the value of $50. That offence does not have an impact on the sentence I am to impose on the s 114/115 offence. 10. When sentencing the offender on the assault occasioning actual bodily harm offence I am to take account of an offence of common assault concerning another victim on a Form 1. That offence on the Form 1 has a limited impact on the sentence I will impose on the assault occasioning actual bodily harm offence.