District Court New South Wales Medium Neutral Citation: R v Wu [2020] NSWDC 75 Hearing dates: 13/12/19, 13/2/20 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Sentenced to an aggregate term of imprisonment of six years with a non-parole period of three years. Catchwords: Crime – Sentence - Break, enter and steal in residential premises - Break and enter with intent to steal - Use offensive weapon to prevent lawful detention – Resist officer Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Victims Rights and Support Act 2013 Cases Cited: Mill v R (1988) 166 CLR 59 R v De Simoni (1981) 147 CLR 383 Category: Sentence Parties: DPP (Crown) Yuwei Wu (Offender) Representation: Ms M Aresh for the Crown Mr J Brock for the Offender File Number(s): 19/19583, 19/19581, 19/18067, 19/72520, 19/72565 sentence 1. Mr Yuwei Wu is before the Court for sentence today in relation to a number of offences. Firstly, 18 offences of break, enter and steal in residential premises, the maximum penalty for which is 14 years' imprisonment. Six offences of break and enter with intent to steal for which the maximum penalty is 10 years' imprisonment. One offence of using an offensive weapon to prevent lawful detention, the maximum penalty for that being 12 years' imprisonment, and two offences of resisting an officer in the execution of their duty, which each carry a maximum penalty of 5 years. There is no standard non-parole period which applies to any of these offences. There are also a further 10 offences to be taken into account on three Form 1 documents. 2. The offender entered pleas of guilty to the offences at an early stage and he is entitled to a 25% discount which I have taken into account as a result of the utilitarian value of those pleas of guilty. As I intend to impose an aggregate sentence I will state the indicative sentence for each substantive offence as I recite the facts. The ultimate sentence will be announced at the end of these remarks. 3. I note that the offences are the subject of an Agreed Statement of Facts. Those facts in summary and in approximate chronological order are as follows. 4. On 30 November 2018 between about 3 and 4pm the offender damaged and forced open the back door of Mr Hussein's home at Hampstead Road, Auburn. Inside he stole $450 cash and jewellery valued at about $2,000. The offender's fingerprint was found on one of the jewellery boxes in the house and CCTV footage from a nearby property showed the offender attending the address. The indicative sentence in relation to that offence is two years and seven months' imprisonment. 5. On 21 December 2018 between 7.30am and 11.30pm the offender broke into, by unknown means, the home of Ivan Manasserian at Ardgryffe Street, Burwood Heights. He then ransacked the house and stole a large quantity of jewellery, including gold brooches, bracelets, cufflinks and earrings, a number of gold rings, two of them with diamonds, numerous silver bracelets, a number of bangles, a Longines watch, some foreign coins and various other items of jewellery. Some of these items were later recovered when police executed a search warrant at the offender's premises on 18 January 2019. The offender's fingerprints were found on the front of a locked box in the house. The indicative sentence for that offence is one of two years and eight months' imprisonment. 6. On Christmas Day, 25 December 2018, between 11.45am and 3.20pm the offender smashed the rear laundry window and entered premises of Joseph Orlando at Badminton Road, Croydon. Once inside, the offender ransacked three bedrooms and stole a watch and some perfume. Police found a fingerprint belonging to the offender on the frame of the laundry window. This is an offence which I have been asked to take into account and will take into account on a Form 1 document. 7. The offender also broke into another house on Badminton Road, Croydon although the exact date is uncertain. The Agreed Facts indicate that at about 7.15am on Christmas Day Mr Joseph Foti, who also lived in Badminton Road, left his premises locked and secure. However, when Mr Foti returned to the house at about 2.15 in the afternoon on 1 January 2019 he found it had been broken into. At some stage between those two dates the offender had smashed the kitchen window and entered the house. Once inside he ransacked four bedrooms and stole a laptop computer and an iPad. Before leaving the offender left a knife, which he took from the kitchen, on one of the beds. Police found a fingerprint belonging to the offender on the broken kitchen window. As already noted, the exact date and time of this offence is unknown, although it is likely to have been committed on Christmas Day, given that on that day the offender had already burgled the nearby house of Mr Orlando which was on the same side of the same street. The indicative sentence for this offence is one of two years and nine months' imprisonment. 8. Late on Christmas Day at about 9pm the offender went to a house at Weldon Street, Burwood where he rang the doorbell. That was the home of 84 year old Beryl Mitchell who had just retired to bed for the night. Mrs Mitchell got out of bed in response to the doorbell but could not see anyone as the offender had gone around the side of the house and jumped the fence. He then smashed a glass panel of the back door and entered the house with the intention of stealing property. The offender was using a torch as the lights in the house were off. At this point Mrs Mitchell, who was standing near her bedroom, saw the offender about 10 metres away, inside the house. Mrs Mitchell, who must have been terrified, hid herself on the floor in a corner of her bedroom. The offender looked through various rooms and after five to ten minutes he entered the room where Mrs Mitchell was hiding. He remained in the room for about 30 seconds as he rummaged through drawers and then left the house through the broken rear door without taking any property. Mrs Mitchell then telephoned her daughter and remained on the phone until police arrived and checked that the intruder was no longer in the house. Fingerprints of the offender were found on the front doorbell and on a window frame. The indicative sentence for that matter, taking into account the four matters on a Form 1, is three years' imprisonment. 9. The next day, 26 December 2018, somewhere between 10am and 2pm the offender smashed a window and entered the family home of Mr Esref Yusuf in Wellesley Street, Summer Hill. Inside, the offender stole numerous items including gold pendants, gold watches, a gold bangle, a number of gold rings, a gold chain and charm bracelet, a gold necklace with pendant, bracelets, Bulgari brand cufflinks and some cash. Police found the offender's fingerprint on the broken window. The indicative sentence for that offence is one of two years and nine months' imprisonment. 10. At an unknown time between 26 December 2018 and 5 January 2019 the offender broke in the laundry door of the home of Sandy Nouh in Stanley Road, Lidcombe. After going through bedroom drawers, he stole five necklaces, a diamond ring, two pairs of earrings and a bracelet. The offender's fingerprint was found on one of the jewellery boxes in the house. This is a matter which I will take into account on a Form 1 document. 11. The next offence is one of break and enter with intent to steal. The victim of that offence was Mai Truong who lived I Caroll Street, Lidcombe. On 28 December 2018 at about 9.20pm the offender broke into those premises through the back door. Ms Truong had left the house locked at about 7.30 that night. but when she returned just before 9.30pm she heard a noise from the house and saw a light on inside. She entered the house but did not see anyone but upon opening the front door, she saw the offender walking away from her house. Although the offender entered the house with the intention to steal, nothing was taken from the property. Police found a fingerprint belonging to the offender on a bar above the driveway gates to the house. The indicative sentence for this matter is one of two years and three months' imprisonment. 12. Between 11.15am and 12.10pm on 30 December 2018 the offender entered the premises of Michael Giuffre at Bede Street, South Strathfield by cutting a flyscreen and opening the bathroom window. The offender then stole about $26,500 worth of property including a large number of wristwatches, a number of bangles, a diamond necklace, earrings, handbags and a number of electrical tools. Police found a fingerprint belonging to the offender on a jewellery box in the house. The indicative sentence for this matter, taking into account three matters on a Form 1 document, is three years and two months' imprisonment. 13. The next offence was committed that same day in Beatrice Street, Auburn in a two storey, freestanding house. Ms Cicek Ozakan and her husband lived on the top floor of that house and Alikham Ahadi lived on the ground floor. On 30 December 2018 between about midday and 5.20pm the offender entered the upper level of the house by breaking a window. He then rummaged through drawers and stole a variety of gold jewellery including five gold rings with precious and semiprecious stones, three gold bracelets, multiple pairs of gold earrings, a black Tahitian pearl with gold chain, a jade necklace with gold chain and four thick gold bracelet chains. Upon returning home Ms Ozakan and her husband noticed that the bedroom window and a pot plant were smashed and the balcony door was open. They also found a knife in one of the bedrooms on which the offender's DNA was later identified. The offender's fingerprint was located on smashed glass from the bedroom window. After taking the property of Ms Ozakan and her husband, the offender entered the ground floor premises of the building, being the home of Alikham Ahadi, by removing a flyscreen. He then ransacked those premises and stole just over $10,000 in cash, 20 Turkish 22 carat gold bracelets, three other gold bracelets, four 18 carat gold rings, three pairs of gold earrings, three gold coins, four gold chains and a diamond encrusted gold ring. The indicative sentence for that offence, taking into account three matters on a Form 1 document, is three years and three months' imprisonment. 14. Between about 12.30pm on 30 December 2018 and 5.30pm on 1 January 2019, the offender broke a glass panel on the rear door of a house in Seal Street, Burwood, the home of Mr Robert Lawther. The offender then entered with the intention of stealing property. Inside the house he took a breadknife from the kitchen which he later left on the sofa in a spare room. He then rummaged through drawers before leaving the premises without taking anything. Police found a fingerprint of the offender on glass from the rear door. The indicative sentence in relation to that matter is two years and four months' imprisonment. 15. The next offence occurred at the home of Joseph Costa at Eglington Street, Lidcombe. Between about 5pm on 30 December 2018 and 4.30pm on 3 January 2019 the offender entered those premises by smashing the glass of a sliding door. After going through wardrobes and drawers the offender stole an iPad, a laptop and a printer. When Mr Costa and his partner returned to the premises they noticed the broken door and that the garage door was open and that the lock to the garage door was broken. The offender's fingerprints were found on a piece of broken glass and his DNA was found on a cigarette butt in the garage. This is an offence which I will take into account on a Form 1 document. 16. On 31 December 2018 between about 8.30am and 4.55pm, the offender used a metal drain cover to smash a kitchen window of Ms Gloria Walters' premises at Kelso Street, Burwood Heights. Once inside the premises the offender picked up two knives from the kitchen and then rifled through drawers and cupboards. The offender stole a gold identification bracelet containing the name and address of the victim's husband, a gold necklace, a gold brooch, two gold chains, a gold bracelet and three watches. The offender left one of the knives on a chair on the veranda and the other knife on a dressing table in the master bedroom. His fingerprint was found on a drawer in a bedroom. The indicative sentence for that offence is two years and nine months' imprisonment. 17. On 31 December 2018 between 12.30pm and 5.30pm the offender tossed a brick through the kitchen window of the home of Elisa Knowles at Unwins Bridge Road, Sydenham. The offender then ransacked cupboards and drawers and stole two kitchen knives from a knife block and broke a bedroom door lock. Police found the offender's DNA on part of the broken window. The indicative sentence for this offence is two years and six months' imprisonment. 18. On that same day 31 December 2018 between about 2pm and 5pm, the offender cut the flyscreen and entered the bedroom of Paige Biddulph who lived at Frederick Street, St Peters. This house was about 200 metres from Ms Knowles' house in Unwins Bridge Road, Sydenham, the location of the offence to which I just referred a moment ago. The offender ransacked three bedrooms in the house at St Peters, tipping out the contents of cupboards and drawers and breaking locks to three of the rooms. He also stole $1,000 in cash. Police analysis of a blood stain on Ms Biddulph's bedhead matched the DNA of the offender. The indicative sentence for this offence is two years and eight months' imprisonment. 19. On 1 January 2019 between about 9.30am and 2.30pm the offender smashed a window at the rear of a house in Wyatt Avenue, Burwood which was the home of James Forbes. After going through a number of drawers, he stole an engraved gold necklace and gold bracelet. Police found a fingerprint of the offender on the smashed window pane. This is a matter which I have taken into account on a Form 1 document. 20. Also on 1 January 2019 between about 1.45 and 5.50pm the offender entered the premises of Feyzullah Ozdemir at Susan Street, Auburn by breaking a living room window. After opening all the drawers in the main bedroom the offender stole $3,500 in Australian currency. His fingerprint was located on a drawer in the house. This is a matter I have taken into account on a Form 1 document. 21. On 2 January 2019 between about 6.45am and 8.10pm the offender smashed a laundry window of a house in Mona Street, Auburn. That was the home of Emrak Ozturk. Once inside, the offender pulled out drawers and stole various items of jewellery. A fingerprint and the offender's DNA were located in the premises. This is also a matter which I have taken into account on a Form 1 document. 22. Also on 2 January 2019 between about 11.30am and 2.15pm the offender used a garden spade to smash a window and entered a house at Weldon Street, Burwood. That was the home of Margaret Gavin. After picking up a knife from the kitchen the offender ransacked three bedrooms although he apparently took no property and left the knife in one of the bedrooms. His DNA was found near the broken window. The indicative sentence for that matter is two years and four months' imprisonment. 23. On that same day 2 January 2019 between about 10.50am and 3.40pm the offender smashed the kitchen window and entered another house in Weldon Street, Burwood, the home of Graham Forsythe. He then ransacked two bedrooms, a living room and the hallway, but took no property. Police found a fingerprint belonging to the offender on a piece of glass from a broken window. This is a matter which I have taken into account on a Form 1 document. 24. The next day, 3 January 2019, between about 11.45am and 4.45pm the offender entered a house at Cumberland Road, Auburn by breaking a flyscreen on a bathroom window. The victim of this offence was Angela Gangi. Once inside the offender stole two necklaces and a bracelet. Police found a fingerprint belonging to the offender on one of the drawers in the house. The indicative sentence for this matter is two years and seven months' imprisonment. 25. Also on 3 January 2019 between about 3.30 and 4.30pm the offender broke into a house at Mona Street, Auburn, by jemmying open a security door. That was the home of Aysun Yalcin. After going through various cupboards and drawers in the house and tipping items onto the floor, the offender ate an apricot and drank a bottle of water but then left without taking anything. Police found his fingerprint on a wardrobe in the house. This is a matter which I have taken into account on a Form 1 document. 26. Also on 3 January 2019 between about 12.30pm and 5pm the offender went to the home of Richard Dias at Kurraba Road, Auburn which he entered by bending a security door and smashing a glass door with a brick. He then stole $300 cash and two rings from the house. His fingerprint was found on the security door. This is an offence which I have taken into account on a Form 1 document. 27. Also on that same day, 3 January 2019, between about 4.20 and 8pm the offender went to the home of Feras Bswame which he entered through a window after cutting the flyscreen, that being a house at Henson Street, Merrylands. Once inside the offender took three knives from the kitchen and placed one knife on each of the three beds in the house. He also ransacked the master bedroom and tipped out the contents of cupboards and drawers in the three bedrooms. He stole a Tag Heuer watch, two other watches, and some cash and then left wearing a business shirt belonging to Mr Bswame. CCTV footage was later examined which recorded the offender entering and leaving the house through the window. Fingerprints matching the offender were located in the house. During a search of the offender's home on 18 January 2019, the Tag Heuer watch and one of the other watches as well as the shirt belonging to Mr Bswame were recovered by police. The indicative sentence for that offence is two years ten months' imprisonment. 28. The next day was 4 January 2019. The offender recommenced his crime spree in Nicholson Street, Strathfield, at the home of Stephanie Ly and her parents. At about 11.50am when Ms Ly was alone and sleeping in her bedroom, the offender rang the doorbell. Although Ms Ly got out of bed and went to the front door, there was no-one there. Meanwhile the offender had climbed onto an upstairs balcony and gained entry into the master bedroom by damaging a flyscreen. Ms Ly could hear the offender opening and closing drawers in upstairs bedrooms. The offender then rummaged through Ms Ly's bedroom while she walked outside and reversed her car from the garage into the driveway. When Ms Ly walked back into the house the offender was still rummaging through the master bedroom. Ms Ly then called out to her parents although it appears they were not home. The offender said nothing but closed the door to the master bedroom. He then stole two gold rings and a gold Buddhist necklace which had been with the family since the Vietnam war. Ms Ly left the house and sat in her car. As she did, she saw the offender leaving her bedroom window after he had cut a flyscreen. Although Ms Ly followed the offender in her car, he ran away. He was however recorded on CCTV footage from a neighbouring house and his fingerprint was located on the balcony railing. The indicative sentence for this matter is two years 11 months' imprisonment. 29. Also on 4 January 2019 shortly before 2pm the offender smashed a laundry window and entered the premises of Nick Sposobin at Harris Street, Merrylands. In that house the offender stole $200 from a wallet and also moved a bag of silver coins, however at about 2pm Mr Sposobin returned home and saw the offender walk out of his bedroom. Mr Sposobin shouted "Hey what are you doing here" upon which the offender ran from the house through the back door. The victim's description of the intruder matched the appearance of the offender. The victim had to pay about $220 to repair the broken window. The indicative sentence for this matter is two years and ten months' imprisonment. 30. Later that same day, 4 January 2019 between about 7 and 9pm, the offender went to the home of Ms Lynette Cama where he smashed a glass door with some pruning shears. He then rummaged through the house, opening and tipping out the contents of various drawers. He stole three brooches, a gold, diamond and ruby ring, two silver chains, five pairs of earrings, a pendant and $55 cash. Police found the offender's fingerprint on a piece of glass from the rear door and his DNA on a jewellery box. The indicative sentence for this matter is two years nine months' imprisonment. 31. The next day 5 January 2019 at about 1 o'clock in the afternoon, the offender knocked on the front door of Patricia Thurtell's house at Harris Street, Merrylands. When Ms Thurtell opened the door the offender said the word "Chinese". Ms Thurtell thought that the offender was referring to her neighbours, and pointed the offender in that direction, saying "The Chinese people are next door". The offender however walked in the opposite direction towards the home of Yusek Dinkciler. Shortly after, the offender smashed a large, glass window at the rear of that property which he then entered with the intention of stealing. Inside the house the offender left a kitchen knife on a television cabinet before leaving the house without taking any property. Police found the offender's fingerprint on a wardrobe in one of the bedrooms. The indicative sentence for that matter is two years four months' imprisonment. 32. The next day was 6 January 2019 and at about 11.20am that day the offender removed a flyscreen from the window and entered the granny flat of the victim Ms Lai Chan at Arthur Street, Croydon. He did so with the intention of entering and stealing property. Inside those premises he opened drawers before leaving without any property. This is an offence which I have taken into account on a Form 1 document. 33. The offender then at about 11.40am that day used a brick wrapped in a towel to smash the kitchen window at the rear of the main house on the same property at Arthur Street, which was the home of Christine Filladites. In those premises the offender stole a Wiltshire brand knife valued at $50. The indicative sentence for that matter is two years six months' imprisonment. 34. Police, no doubt as a result of information received, attended the premises at Arthur Street, Croydon at about the time that the offender was exiting the house. Two uniformed officers climbed a fence into the rear yard just as the offender was escaping through the broken window. Upon seeing the officers, the offender produced a large kitchen knife and walked towards them. Although repeatedly told to put down the knife, the offender walked to within one and a half metres of the police where he stopped, still holding the knife. After the offender again failed to put down the knife, police used capsicum spray and a taser in an attempt to subdue him, but both were ineffective and the offender jumped a fence and escaped. Although police gave chase, they were unable to locate him. While running, the offender dropped a baseball cap which was seized by police and later found to contain the offender's DNA. His fingerprint was also found on some broken glass from the kitchen window. The indicative sentence for this matter is two years ten months' imprisonment. 35. Two days later on 8 January 2019 between about 10.45am and 12.20pm the offender entered the home of Julianne Williams at Barbara Crescent, Merrylands, by smashing the rear laundry door. The offender pulled out the contents of drawers and stole a gold, sapphire and diamond ring, two gold wedding rings, a gold half carat diamond ring and two gold necklaces. While inside the house he removed a large carving knife from a knife block in the kitchen which he left on the kitchen bench. A fingerprint belonging to the offender was located on a metal box in the master bedroom. The indicative sentence for this offence is two years ten months' imprisonment. 36. Next day, 9 January 2019 between about 8.30 and 11.30am the offender smashed a glass window and entered the home of Kathleen Meleady at Caldess Road at Burwood Heights. This activated an alarm. The offender rummaged through the bedroom and study, opening drawers and pulling out the contents. He also took a number of knives from a knife block in the kitchen and later left them on the kitchen bench. Although no property was stolen from the house, the offender on exiting the property left the gates open, resulting in Ms Meleady's dog escaping and running loose in the street. Police found a fingerprint of the offender on a glass fragment from the broken window. The indicative sentence for this matter is two years four months' imprisonment. 37. The next day, 10 January 2019, at about 2 o'clock in the afternoon, the offender opened the closed but unlocked security door to a granny flat at 23 Paton Avenue, Merrylands. He then entered the premises which was part of the home of Mr John Agnas. The offender removed a safe from a cupboard and unsuccessfully tried to open it, causing extensive damage. He then stole some loose change. Mr Agnas arrived home in the main house at about 2.10pm and noticed a light on inside the granny flat. As Mr Agnas entered the granny flat to turn the light off, the offender ran from the granny flat. Mr Agnas chased the offender but slipped and fell face forward onto concrete, sustaining a broken nose, chipped tooth and lacerations. A member of the public also attempted to catch the offender but was unsuccessful. Two fingerprints belonging to the offender were found on the safe. The indicative sentence for this matter is three years' imprisonment. 38. Four days later on 14 January 2019 between about 1.50pm and 7.45pm the offender smashed a window using a rock and entered premises at Wentworth Road, Strathfield. The victim of that offence was Ms Penelope Gutierrez. The offender ransacked the house, opening all drawers and cupboards in the bedrooms, study and attic. He also picked up a knife from the kitchen which he left on the bed in the master bedroom. He stole six pairs of gold earrings, two chains, a Tag Heuer watch, two laptop computers and $2000 cash. Police found his fingerprints on a broken window and on a jewellery box as well as his DNA on a handle of the knife. The indicative sentence for that matter is two years nine months' imprisonment. 39. Three days later on 17 January 2019 at about 6.55pm, three uniformed police officers approached the offender at a hotel in Auburn where he was sitting at a poker machine. As police introduced themselves, the offender ran towards an exit. Two of the officers took hold of the offender and placed him under arrest. The offender however resisted police by kicking and thrashing his arms and using his weight to push and pull against them. It took about a minute of violent wrestling for police to get the offender to the ground and place him in handcuffs. Constable Edye suffered bruises to both her arms, multiple small cuts to both her hands, and a bruise to her thigh. Senior Constable Wazir sustained a small cut to his left hand, grazes to his right hand and arm and a bruise to his thigh. These are the facts relating to the two offences of resist officer in the execution of duty. The indicative sentences for each of those offences is 12 months' imprisonment. 40. After his arrest the offender participated in a recorded interview in which he told police through an interpreter that he is a student and not working and that his only source of income was his parents. Police also questioned him in relation to a number of the break and enter offences to which he made various admissions. He said that in each house that he entered he armed himself with a knife, usually from the kitchen, which he carried for safety knowing that any persons he encountered would be afraid if they saw him carrying a knife. His admissions included having seen a person he described as an elderly male laying on the floor by a bed in a particular house at Weldon Street, Burwood, upon which the offender had run out. I note that this person was in fact 84 year old Ms Beryl Mitchell. 41. The offender also agreed he had smashed a window and entered premises at Nicholson Street, Strathfield, that being the home where Stephanie Ly had been at home and sleeping. The offender said that he had heard a female scream and that he had run off with the gold Buddhist necklace which he later sold. He also agreed that he had entered the house at Paton Avenue, Merrylands the home of Mr Agnas, looking for money. He said he saw a safe and tried to open it with a knife and stole some coins before being pursued by an elderly male. He said he lost a shoe but escaped. He denied seeing Mr Agnas fall over and injure himself. 42. The offender also agreed to breaking into both properties at Arthur Street, Croydon, and having a confrontation with police before escaping over a fence. He agreed he used a knife to prevent police from running towards him but said he intended only to cause them fear and did not intend to harm them. The offender told police that he used money from his family to play on poker machines and that he had gambled the money obtained from the sale of items stolen from the various houses. 43. A search warrant executed the day after the offender's arrest, which was executed at his home, located jewellery, watches and foreign currency, some of which belonged to the victims to whom I have referred in these remarks. 44. Police approached the offender at Silverwater Correctional Centre on 6 March 2019 and provided him a further opportunity to be interviewed, which he declined. 45. The various offences of breaking and entering are of course all serious, especially those which involve stealing and those which involved entering a house in which another person was present. Offences of breaking and entering and stealing have been regarded as serious for many years, in part, due to their prevalence and because of the harm they cause. Victims lose property, sometimes of great value and sometimes property which has sentimental value far beyond its monetary worth. More importantly, however, is probably the psychological harm which such offences cause by the loss of a feeling of security in the sanctity of the home and the invasion of privacy which such offending involves. It is offences of this kind which have led to the prevalence of bars on windows, burglar alarms, CCTV cameras and in many areas increasing insurance premiums. For these reasons, offences of this kind must be dealt with in a manner which gives substantial weight to the need for general deterrence. 46. As break and enter offences go, these were perhaps not the most serious. There was no gratuitous vandalism. They involved little planning or sophistication. It appears that houses were chosen randomly and attempts were made, although not always successfully, to check that there were no persons inside. The offender also does not appear to have carried any tools with him but rather, made do with whatever was available such as stones or bricks. The lack of sophistication in the offending is also demonstrated by the fact that in each house he left behind fingerprints or DNA evidence. On the other hand there is the fact that, with some of the offences, a knife was left in a prominent position inside the premises. It is likely that this would have increased the unease or sense of threat that the persons who found the knives would have experienced when they returned home. There is also the fact that, with some of the offences, persons were present, although not to the offender's knowledge, when he entered inside the homes. This must have been a disturbing or terrifying experience for them. 47. While these matters are part of the overall factual picture, I am however bound by the rule in R v De Simoni (1981) 147 CLR 383 as the offender is not charged with the aggravated forms of those offences. In other words, he is not to be sentenced for breaking and entering while armed with an offensive weapon or for breaking and entering with knowledge that a person or persons were in the premises. 48. The offender's background and personal circumstances are described in the psychological report of Anita Duffy which was confirmed by the offender on oath in his evidence. He was born in China and is now aged 24. He graduated from high school at age 19 and described a fairly strict upbringing, being raised largely by his grandparents due to his parents' work commitments away from home. After working in a mine in China for his maternal uncle, he came to Australia on a student visa in February 2018, enrolled to learn English and commenced a Business Management course. His parents supported him initially with an allowance which he supplemented by working as a labourer. However he told the psychologist that about four months before his arrest his parents had experienced financial difficulties and were unable to send him money. Around this time he ceased working, and after being introduced by a friend to gambling at the casino, he abandoned his studies and gambled on a daily basis. He said that although he initially had some lucky wins, including amounts of $10,000 to $20,000, he eventually lost that money and began to borrow from friends and extended family in China. He told the psychologist that at the time of his arrest his debt amounted to about $30,000 and that it was his gambling addiction and the debts he had acquired which led him into the offences for which he is to be sentenced. 49. The offender acknowledged to the psychologist his addiction to gambling and told her that he wished to apologise to the people he had robbed. The psychologist concluded the offender meets the criteria for gambling disorder. She also concluded that the offender was an impressionable and immature young man who had struggled with being away from family for the first time and with being in a country with a different culture and having little English. 50. The offender told the psychologist that he had attempted suicide upon his arrest by cutting his arm using a broken light bulb, and that he had remained suicidal for several months, but that his state of mind had improved in more recent times. The psychologist notes that the offender's poor command of English may make his time in custody more onerous because it may isolate him from English speaking prisoners and because his lack of English may prevent or limit participation in some educational courses. 51. Although the psychologist tested the offender for depression, stress and anxiety, these were scored in the normal to mild range. In a letter to the Court the offender confirmed the severity of his gambling problem and stated that this arose after he told his parents not to send him money, given their financial difficulties, and that he hoped to earn money through gambling to support himself and perhaps provide money to his family. 52. In evidence before me the offender confirmed the truth of his letter's contents, and confirmed the matters that he had told to the psychologist. He expressed embarrassment and significant remorse and said that he regularly thinks about how he would feel if his own home was broken into and that a person's home should be a safe place and that he would like to say sorry to his victims. 53. He expressed concern also for his grandmother to whom he is very close, who lives in China and who has been diagnosed with malignant tumours of the liver and of parts of some bone. He expressed significant regret that his period of imprisonment may mean that he does not see his grandmother again. A letter from the offender's parents also confirms the offender's remorse and his close attachment to his grandmother. I note also that the Court was provided with a medical certificate confirming the grandmother's diagnosis. 54. In his evidence the offender said that he receives no visitors in gaol as his family are in China. This and his limited capacity in English are matters which will make his time in custody more onerous than it otherwise would be. 55. Although the offences for which the offender must be sentenced frequently come before the Courts, this is a highly unusual case. It is unusual by reason of the fact that a young man of prior good character, from a supportive family and with no history of offending, has gone from apparently being a law-abiding citizen to a one-man crime wave in the space of only days or weeks. In my view it was his social isolation in an unfamiliar culture and his lack of funds, leading to his gambling addiction and accumulation of debts, which led him into this out of character course of conduct. While these are not matters that excuse or mitigate his offending, they go a long way to explain it and place it in context. 56. Having considered the offender's oral evidence and the other material tendered in his case, I am satisfied that he has real remorse for his offences and that his risk of reoffending is low. Because of the highly unusual and contextual, and out of character nature of his offending, I am satisfied that the importance of personal deterrence is very limited in this case. 57. I am satisfied that the s 5 threshold in the Crimes (Sentencing Procedure) Act 1999 has been crossed and that no penalty other than fulltime imprisonment is appropriate and I note that no contrary argument was presented to me. 58. In determining the appropriate sentence I have taken into account the purposes of sentencing, in particular those set out in s 3A of the Crimes (Sentencing Procedure) Act 1999. 59. I intend to impose an aggregate sentence. Had I not done so then the sentences that I would have imposed for each separate offence are those that I have already indicated. I am conscious of the fact that the aggregate head sentence I will shortly announce represents only a small percentage of the cumulative total of the indicative sentences. However, it is important that I have regard to the principle of totality and that any aggregate sentence be just and appropriate and not amount to a crushing sentence: Mill v R (1988) 166 CLR 59. 60. I also find special circumstances for varying the ordinary ratio between head sentence and non-parole period. Special circumstances are made out in this case because this is the offender's first time in custody and because I have formed the view that his time in custody will be more onerous by reason of the fact that he will be somewhat isolated by reason of his family being in China and by reason of his limited English and that this will also limit his opportunities to take part in education and other programs. 61. I impose a head sentence of six years' imprisonment with a non-parole period of three years. Each of those will date from 17 January 2019. The head sentence will expire on 16 January 2025 and the non-parole period will expire on 16 January 2022. 16 January 2022 therefore is the first date upon which the offender will be eligible to be released on parole, that being a matter to be determined by the Parole authorities. 62. I make an order under s 97 of the Victims Rights and Support Act 2013 that the offender make payment of the amount of five hundred dollars to the victim of the sequence 11 offence, Mr Richard Dias of Kurraba Road, Auburn. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 01 April 2020