R v Baldwin-Crescente

[2021] NSWDC 255

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Baldwin-Crescente [2021] NSWDC 255

Hearing dates:

20 May 2021

Decision date:

20 May 2021

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Aggregate sentence imposed one of 3 years imprisonment with a non-parole period of 18 months

Catchwords:

CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation

Legislation Cited:

Crimes Act 1900 (NSW), s 112(2)

Criminal Procedure Act 1986 (NSW), s 166

Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A, s 3A

Cases Cited:

R v Ponfield (1999) 48 NSWLR 327

TL v R [2017] NSWCCA 308

Pehar v R [2020] NSWCCA 118

R v Henry (1999) 46 NSWLR 346

Hayek v R [2016] NSWCCA 126

Bugmy v R (2013) 249 CLR 571

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
Tyrone Baldwin-Crescente (Offender)

Representation:

Counsel:
Ms Crase (Crown)
Ms O’Rourke (Offender)

File Number(s):

2020/89888

Publication restriction:

Nil

SENTENCE

Introduction

1. The offender stands to be sentenced having pleaded guilty to an offence that on 21 March 2020 in Botany, he broke and entered the dwelling house of David Tharrat and Clara Khamiss at 5605/42-44 Pemberton Street and committed a serious indictable offence, namely intimidation, in circumstances of aggravation, knowing a person was present. That is an offence under s 112(2) Crimes Act and has a maximum penalty of 20 years’ imprisonment, and there is an applicable standard non-parole period of five years.

2. The offender also acknowledges his guilt in relation to an offence of damage to property which occurred on the same day, that he intentionally destroyed handcuffs being the property of the New South Wales Police Force. That offence is not such that it has any real impact upon the sentence to be imposed in relation to the aggravated break and enter offence.

3. There is also an offence on a certificate under s 166 of the Criminal Procedure Act of escaping from the lawful custody of a constable of the New South Wales Police Force

The Facts

4. The facts are agreed, they are somewhat lengthy and the following is taken from the agreed facts.

5. The offenders are described in that document as being this offender, Amy Bonanno and Temira Bonanno, who I understand from the material before me at the relevant time was in a relationship with this offender. The victim is said to be Clara Khamiss, although she might be thought to be the primary victim.

6. The victim had known Amy Bonanno since she was about eight years of age and also knew Temira Bonanno who is apparently Amy’s younger sister. They met through a neighbour. They would see each other at parties and on social media. In 2019, David Tharrat lived at the relevant address. The unit concerned is a two-level, two or three bedroom apartment, the master bedroom being on the first floor. Amy Bonanno was in a domestic relationship with David Tharrat from 2019 and the two briefly resided at that unit until the relationship ended.

7. On 3…