BE was charged with three offences – ‘Aggravated break & enter and commit serious indictable offence’, contrary to section 112(2) Crimes Act 1990; ‘Goods in personal custody suspected of being stolen’, contrary to section 527c(1)(A); and ‘Aggravated break & enter dwelling in company steal < = $60,000’, contrary to section 112(2) Crimes Act 1900.
James Castillo successfully negotiated on BE’s behalf to have the offences of ‘Aggravated break, enter and steal’ and ‘Enter enclosed land without lawful excuse’ withdrawn. A plea of guilty was entered to ‘Stealing from a dwelling house’, contrary to section 148 Crimes Act 1900 and the offence of ‘Goods in personal custody suspected of being stolen’ was placed on Form 1.
Her Honour sentenced BE to 18 months imprisonment with a non-parole period of 10 months. This is a pleasing result for BE, particularly in light of the objective seriousness of the initial charges.