R v Dennis Wilson

[2008] NSWDC 11

CITATION:	R v Dennis Wilson [2008] NSWDC 11
HEARING DATE(S):	3/12/07, 4/12/07, 5/12/07 (Trial) 1/2/08, 8/2/08 (Sentence)
JUDGMENT DATE:	8 February 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Knox SC DCJ
DECISION:	The offender is formally convicted. The offender is sentenced to a non-parole period of 16 months imprisonment to date from 1 March 2007, and to expire on 30 June 2008. The balance of the term will be one of 8 months which will expire on 28 February 2009.
CATCHWORDS:	aggravated enter dwelling house with intent to steal - knowing that a person or persons were in the place where the offence was committed - CCTV footage - History of drug use - Methadone program - Significant criminal history - Substantial degree of planning - No evidence of remorse - Fernando factors
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED:	Veen v The Queen (No2) (1988) 164 CLR 465 R v Fernando (1992) 76 A Crim R 58 Fernando [2002] NSWCCA 28 R v Silva [2002] NSWCCA 332 R v Labrooy [2004] NSWCCA 371 R v Henry & others[1999] NSWCCA 111 R v Ponfield (1999) 48 NSWLR 327 Vu [2006] NSWCCA 188 Regina v Carter [2003] NSWCCA 243
PARTIES:	Regina Dennis Wilson
FILE NUMBER(S):	07/11/0494
COUNSEL:	Crown: Mr P Aitken Defence: Mr T Edwards

- 18 -

JUDGMENT

Indictment

1 On 5 December 2007 the offender was convicted by a jury following a trial on count one of an indictment which was as follows:

On 23 January 2007 at Potts Point in the State of New South Wales he did enter a dwelling house, namely 17-18 of 18 Springfield Avenue, Potts Point with intent to commit a serious indictment offence therein, namely stealing in circumstances of aggravation, namely knowing that a person or persons were there in the place where the offence was committed.

The maximum penalty for that offence pursuant to s 11(2) of the Crimes Act 1900 is one of fourteen years imprisonment.

2 The trial took place at Sydney in the District Court between 3 and 5 December 2007. It appears that the offender was committed for trial in June 2007. The offender did not give evidence at the trial. He gave evidence on the sentencing proceedings.

Facts

3 In terms of the facts I find that on the basis of the evidence given at the trial and consistently with the jury’s verdict, the following facts to have been established:

4 That four women, being members of the Kitching family, were residents of the Regents Court Hotel, Potts Point at the premises described in the indictment on the evening of 22 to 23 January 2007.

5 At about 5.30am Mrs Firth Kitching was woken. She saw a male person bent over at the doorway of the home in which she had been sleeping with her daughter and granddaughter. Ms Kitching’s mother was in an adjacent room. Ms Kitching recalled that on the previous evening the bathroom window to the unit had been open. Subsequently…