Police v Dixon

[2007] NSWLC 21

Local Court of New South Wales

CITATION:	Police v Dixon [2007] NSWLC 21
JURISDICTION:	Criminal
PARTIES:	Police Leonard James Dixon
FILE NUMBER:
PLACE OF HEARING:	Moree Local Court
DATE OF DECISION:	07/02/2007
MAGISTRATE:	Magistrate G Lerve
CATCHWORDS:	Sentence – multiple offences of Break Enter and Steal – partial cumulation – whether vulnerable victims – jurisdictional limit in Local Court – drug addiction by offender – Fernando Principles - Matters on Form 1 – Statistics
LEGISLATION CITED:	Crimes Act, 1900 s. 112(1) Crimes Sentencing Procedure Act, 1999 ss 3A, 5 and 21A
CASES CITED:	Bolter [2002] NSWCCA 435 De Simoni v The Queen (1981) 147 CLR 383 Doan (2000) 50 NSWLR Harris [2007] NSWCCA 130 Hayes [1984] 1 NSWLR 740 Jones unrep. NSWCCA 30.6.1994 Martin [2007] NSWCCA 34 Nguyen [2007] NSWCCA 14 Ryan (2003) 141 A Crim R 403 Simpson & Newman (2004) A Crim R. 316 Stricke [2007] NSWCCA 179 Wallace [2007] NSWCCA 63 Watts [2007] NSWCCA 153
REPRESENTATION:	Ms Owens Solicitor for the Office of the DPP Ms K White, Solicitor for and with offender
ORDERS:

Remarks on Sentence

1. The offences contained with the papers on H54731302 occurred on or about 28 November 2006. The offender first appeared before the Court on 28 November 2006. Brief orders were made. The matter was before the court on a further five occasions. A plea of guilty was entered to the three mattes set out above on 17 April 2007, and the matter listed for sentence on 19 June 2007. Clearly enough, the plea was entered following plea negotiations between the parties. The offence within 29638240 was committed on 20 January 2007 to which a plea of guilty was entered at the earliest opportunity. I note that in respect of the earlier offences the offender was originally facing more serious charges. In the agreed facts in respect of both sets of matters the Crown concedes that the offender pleaded guilty at the first available opportunity, and accordingly, is entitled to the full 25% discount for the utilitarian value of the plea.

2. I am also asked to take into account three further offences (Possession of a Prohibited Substance; Goods in Custody and Possession of Housebreaking implements). I will take these matters on the Forms 1 into account when passing sentence in respect of the charge of Break Enter and Steal on H54731302.

Facts

3. I will initially deal with the matters of 28 November 2006. The matter proceeded by way of agreed facts, which I will for the sake of convenience insert in full within these remarks.

4. Sequence 8, i.e., the offence of break enter and steal occurred first in time. At about 10.45 pm on Monday 27 November 2007, Ronald Hardy, a care staff employee of the Namoi Valley Aged Care Complex had just escorted the last of the evening staff from the premises. As he returned he noticed a bike leaning against the main building. He moved it from its position.

5. A short time later he received…