R v Najman [2019] NSWDC 580

District Court New South Wales

Medium Neutral Citation: R v Najman [2019] NSWDC 580 Hearing dates: 22 July 2019 Date of orders: 22 July 2019 Decision date: 22 July 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 8 months Catchwords: CRIME — Property offences — Break and enter with intent to commit serious indictable offence SENTENCING — Commencement — Pre-sentence custody period SENTENCING — Non-parole period — Principles to be applied Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Borkowski [2009] NSWCCA 102 Bugmy (2013) 249 CLR 571 Callaghan (2006) NSWCCA 58 R v Qutami [2001] NSWCCA 353 SZ v Regina [2007] NSWCCA 19 Category: Sentence Parties: Regina (Crown) Qajin Najman (Offender) Representation: Peter Clayton (Crown) Ed Anderson (counsel) (Offender)

Director of Public Prosecutions (NSW) (Crown) Blaxland Criminal Law (Offender) File Number(s): 2017/00126578 Publication restriction: Non-publication order re confidential material

EX TEMPORE REVISED JUDGEMENT

INTRODUCTION 1. Qajin Najman is now 24 years of age and pleaded guilty upon arraignment in this Court to an offence contrary to s 113(2) Crimes Act 1900 expressed thus: that she on 26 April 2017 at Wentworth Point in the State of New South Wales did break and enter a dwelling house, the property of TP at Corniche Drive with intent to commit a serious indictable offence inside those premises, namely larceny, in circumstances of aggravation, namely, being in company. 2. An offence contrary to s 113(2) Crimes Act 1900 carries the maximum penalty of imprisonment for 14 years. There is no standard non-parole period for the purposes of Pt 4 Div 1A Crimes (Sentencing Procedure) Act 1999.