Charged with 9 Counts ‘Break, Enter and Steal’ and 1 Count ‘Aggravated Break, Enter and Steal’, Minimal Aggregate Sentence Imposed

DK was charged with 9 counts of ‘Break, Enter and Steal’, contrary to s 112(A) Crimes Act 1900 and one count of ‘Aggravated Break, Enter and Steal’, contrary to s 112(2) Crimes Act 1900. The offences took place between 2013 – 2017.

An offence contrary to s 112(A) Crimes Act 1900 carries a maximum penalty of 14 years imprisonment. An offence contrary to s 112(2) Crimes Act 1900 carries a maximum penalty of 20 years imprisonment with a standard non-parole period of 5 years.  

Chris briefed Counsel Daniel Pace to appear in DK’s sentence proceedings. Chris Cole and Daniel Pace appeared with DK at the District Court for part-heard Sentence of all 10 offences. Subjective materials and written submissions were tendered on his behalf. After considering all evidence and submissions, His Honour ultimately imposed an aggregate sentence of 3 years imprisonment with a non-parole period of 2 years, backdated to include time already spent in custody.

This is a great result for DK, particularly considering maximum terms of imprisonment for these offences. 

Numerous Break & Enter Charges with Extensive Criminal Record, Minimal Custodial Sentence

JT was faced with two pending criminal matters in the Local Court, namely ‘Aggravated break & enter dwelling etc in company steal <=$60000’, contrary to s 112(1)(2) Crimes Act 1900, and ‘Break & enter house etc. Steal value <= $60000’, contrary to s 112(A) Crimes Act 1900. A number of other charges were withdrawn.

JT has an extensive criminal record, having been charged over 70 times in New South Wales. Chris Cole represented JT for Sentencing in both matters. He made oral submissions to the Magistrate on JT’s behalf.

With respect to the ‘Aggravated break & enter etc.’ matter, Her Honour Sentenced JT to 18 months imprisonment, dated to include time already spent in custody, with a non-parole period of 7 months.

With respect to the ‘Break & enter house etc.’ matter, Her Honour Sentenced JT to 15 months imprisonment, with a non-parole period of 7 months. This was also dated to include time already spent in custody.

JT will be eligible for parole the month after Sentencing.

This is an outstanding outcome for JT, particularly given the objective seriousness of the charges and JT’s extensive criminal record.

Eligible for Parole Shortly After Sentence on Serious Aggravated Break & Enter Charges

HP was charged with ‘Aggravated break and enter with intent’, contrary to s 113(2) Crimes Act 1900, ‘Aggravated enter dwelling with intent’, contrary to s 111(2) Crimes Act 1900; ‘Aggravated robbery’, contrary to s 95(1) Crimes Act 1900; ‘Drive motor vehicle on road during disqualification period’, contrary to s 54(1)(a) Road Transport Act 2013; and ‘Take and drive conveyance’, contrary to s 154A(1)(a). This is a significant charge list, particularly noting the aggravating factors. Christopher Cole represented HP in these matters.  

HP pleaded guilty to the offence of ‘Aggravated enter dwelling with intent’, and the charges of ‘Robbery’ and ‘Take and drive conveyance without owner’s consent’ were placed on a Form 1.

HP was Sentenced at Parramatta District Court for the offence of ‘Aggravated enter dwelling with intent’. His Honour Sentenced HP to a total term of imprisonment of 4 years, comprising of a non-parole period of 2 years, dated to include time already spent in custody. HP’s non-parole period is due to expire less than one month from the date of Sentencing.

This is a very pleasing result, particularly considering the objective seriousness of the initial charges.

Aggravated Break, Enter and Steal, Breach of CCO – Sentenced to ICO

NB was charged with ‘Aggravated Break, Enter and Steal’ contrary to s 112(2) Crimes Act 1900. At the time of the offence NB was on a Community Corrections Order for a previous ‘Affray’ charge.  

Christopher Cole represented NB on Sentencing at the Downing Centre Local Court. He tendered various materials and made oral submissions on NB’s behalf. He raised the subjective circumstances at the time of the offending, including ongoing mental health conditions and drug addiction.

With respect to the breach of Community Corrections Order Her Honour did not take action. With respect to the ‘Aggravated Break, Enter and Steal’ offence, Her Honour imposed an Intensive Corrections Order for a duration of 12 months. Her Honour made additional orders to continue with rehabilitation and treatment, and to comply with a supervision plan.

This was a pleasing result for NB, as she was able to avoid a custodial sentence and continue to access treatment in a community setting.  

Two Charges Withdrawn, One Plea of Guilty, One Charge Placed on Form 1

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.