R v Babic - [2017] NSWDC 477

District Court

New South Wales

Case Name:	R v Babic
Medium Neutral Citation:	[2017] NSWDC 477
Hearing Date(s):	Wednesday 2 August 2017
Date of Orders:	Wednesday 2 August 2017
Decision Date:	2 August 2017
Jurisdiction:	Criminal
Before:	Tupman DCJ
Decision:	1. The offender is convicted on all counts. 2. Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), an aggregate sentence 6 years, comprising a non parole period of 4 years with parole thereafter of 2 years. 3. Form 1 offences taken into account. 4. Compensation orders made.
Catchwords:	CRIME — Property offences — Larceny — Break, enter and steal — Aggravated break enter and steal — Break enter with intent to steal — 10 substantive offences — 12 Form 1 offences — Offender pleaded guilty in the Local Court — Offences uncovered by a police strike force investigation — Offences committed primarily on licensed premises, automatic teller machines and floor safes — Connection between drug use and offending behaviour — Offender has substantial criminal record in New South Wales and Queensland — Offender is genuinely remorseful and contrite — Offenders prospects of rehabilitation dependent on his remaining free of illegal drugs.
Legislation Cited:	Crimes Act 1900 (NSW): ss 112(1)(a), 112(2). Crimes (Sentencing Procedure) Act 1999 (NSW): s 53A.
Cases Cited:	R v Ponfield (1999) 48 NSWLR 327.
Category:	Sentence
Parties:	Regina (The Queen) Stephen Babic (The Offender)
Representation:	Solicitors: Mr. G. Gaynor (The Crown) Representation for Offender TBC.
File Number(s):	2017/00010399

JUDGMENT

The offender, Stephen Babic, is before the Court on 10 substantive charges, having been committed for sentence from the Local Court following his early pleas of guilty. They are specifically the following:
Sequence 1: A charge of break, enter and steal committed on 26 December 2015 at the Bogan Gate Golf Club where the offender stole property worth $260, being cash, alcohol and cigarettes.
Sequence 2: A charge of break, enter and steal committed overnight on 26 and 27 December 2015 at the Eugowra Bowling Club where the offender stole the sum of $5,100 in cash. Both of these offences are brought contrary to s 112(1)(a) of the Crimes Act 1900 (NSW) and each carries a maximum penalty of 14 years imprisonment.
The remaining 8 substantive charges are as follows:
Sequence 6: A charge of aggravated break enter and steal on 31 December 2015 at the Tumbarumba Golf Club where the offender stole property whilst in company with an unknown person.
Sequence 7: A charge of aggravated break, enter and steal on 31 December 2015 at the Rosewood Golf Club where the accused stole property, including $4,000 in cash, a small safe and 30 keys whilst in company with another person.
Sequence 9: A charge of aggravated break, enter and steal on 6 January 2016 at the Parkes Bowling Club where the accused stole property whilst in company with an unknown person.
Sequence 10: A charge of aggravated break, enter and steal on 8 January 2016 at the Grenfell Enhance Service…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Babic

Details

AGLC: R v Babic [2017] NSWDC 477
Case: [2017] NSWDC 477
Decision Date: 2 August 2017

CaseChat Overview and Summary

The case of R v Babic involved the defendant, Babic, who was charged with a series of property offences including larceny, aggravated break, enter and steal, and break enter with intent to steal. These offences were primarily committed on licensed premises, automatic teller machines, and floor safes. The offences came to light through a police strike force investigation and Babic had a substantial criminal history in both New South Wales and Queensland. Babic pleaded guilty to ten substantive offences and twelve Form 1 offences in the Local Court. The court was required to decide the appropriate sentence given the seriousness of the offences, Babic's criminal history, his remorse, and the connection between his drug use and offending behaviour.

The court considered the gravity of the offences, the number of charges, and the impact on the victims. It also took into account Babic's criminal history and the fact that he had shown genuine remorse and contrition. The court emphasised the importance of Babic's prospects of rehabilitation being dependent on his ability to remain free of illegal drugs. In determining the sentence, the court applied the principles of deterrence, denunciation, and rehabilitation. The court concluded that an aggregate sentence of six years, comprising a non-parole period of four years and parole thereafter of two years, was appropriate. The Form 1 offences were taken into account, and compensation orders were made in favour of the victims.

The court ordered that Babic be convicted on all counts and sentenced to an aggregate term of imprisonment of six years. The non-parole period was set at four years, after which parole would be available for a period of two years. The Form 1 offences were also taken into account in the sentencing process. Additionally, the court made compensation orders in favour of the victims of the offences. This outcome reflects the court's balanced approach in considering the seriousness of the offences, the offender's criminal history, and the importance of rehabilitation.

Orders

Orders of the court

1. The offender is convicted on all counts.

2. Pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW), an aggregate sentence 6 years, comprising a non parole period of 4 years with parole thereafter of 2 years.

3. Form 1 offences taken into account.

4. Compensation orders made.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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