R v Burnard

[2025] NSWDC 398

District Court

New South Wales

Medium Neutral Citation:

R v Burnard [2025] NSWDC 398

Hearing dates:

2 October 2025

Date of orders:

2 October 2025

Decision date:

02 October 2025

Jurisdiction:

Criminal

Before:

Newlinds SC DCJ

Decision:

(1)   For Counts 1, 2, 3, and 4, taking into account the matter on the Form 1 and after deducting 25% for the early pleas of guilty, I sentence the Offender to an aggregate term of 7 years, commencing on 6 December 2024 and expiring on 5 December 2031.

(2)   The Offender will first be eligible for parole after serving 4.5 years imprisonment, being 5 June 2029.

Catchwords:

CRIME — Firearms offences — Enter dwelling with the intent to steal firearms in company — Offender already subject to firearms prohibition order — Aggregate sentence of imprisonment — Deprived childhood — Special circumstances found for longer period on parole — Prospects of rehabilitation tied to remaining drug-free

Legislation Cited:

Crime (Sentencing Procedure) Act 1999 (NSW) s 5

Crimes Act 1900 (NSW) s 111(2); s 154D(1)

Firearms Act 1996 (NSW) s 74(1); s 74(3)

Cases Cited:

Bugmy v The Queen (2013) 249 CLR 571

Chandab v R [2021] NSWCCA 186

R v Henry (1999) 46 NSWLR 346

R v Krstic [2005] NSWCCA 391

R v Najem [2008] NSWCCA 32

Category:

Sentence

Parties:

Rex (Crown)
Matthew Burnard (Offender)

Representation:

Counsel:
S Wilkin (Solicitor) (Crown)
R Hussey (Offender)

Solicitors:
ODPP (Crown)
Rice More & Gibson (Offender)

File Number(s):

2024/236077

Publication restriction:

Nil

JUDGMENT; ex tempore (Revised)

Overview

1. As at June 2024, Matthew Burnard (“the Offender”) was 30 years old. He was on conditional liberty, being a period of parole for earlier offending. He was also subject to a firearms prohibition order issued pursuant to the Firearms Act 1996 (NSW).

2. He had experienced a difficult childhood, having witnessed his father assault his mother, and having been himself seriously assaulted by his father, when he was about 10, where his father punched him and broke his nose.

3. Moreover, as a teenager, the Offender was involved in a sexual relationship with a female teacher when he was about 15 years old and she was 42 years old. This undoubtedly caused him profound, albeit delayed, trauma.

4. He had a long history of being treated for various mental health disorders, had in the past been diagnosed with bipolar disorder, and had been assessed as meeting the criteria for diagnosis of schizophrenic disorder – bipolar type – although these diagnoses have since been revised, he has a history of paranoia and has a current diagnosis of stimulant use disorder – amphetamine type substance – which is in sustained remission in a controlled environment.

5. On top of all of that, he had a long history of struggling with alcohol and drug use as an adult. His primary drug of choice since 2016 being methamphetamines.

6. He has a substantial criminal record, with many convictions over the years for offences ranging from larceny, breaching AVOs, stealing motor vehicles, aggravated break and entry, stealing a dog, destroying…