District Court
New South Wales
Medium Neutral Citation: R v Doolan (No 2) [2023] NSWDC 600 Hearing dates: 6 October 2023 and 7 December 2023 Date of orders: 7 December 2023 Decision date: 07 December 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate imprisonment sentence of 2 years 11 months with a non‑parole period of 1 year and 8 months
Catchwords: CRIME — Property offences — Break, enter and commit serious indictable offence — Circumstances of aggravation — Offences committed while on parole — Failure to keep to conditions of s 11 bail
SENTENCING — Penalties — Imprisonment — Intensive Correction Order not imposed — Community safety
SENTENCING — Mitigating factors — Pleas of guilty
SENTENCING — Subjective considerations on sentence — Age of offender — Childhood deprivation — Abused in juvenile custody — Long history of offending — Institutionalisation — Mental illness — Special circumstances
SENTENCING — Relevant factors on sentence — Form 1 offence — Serious offending but near bottom of range
Legislation Cited: Crimes Act1900 (NSW)
Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Jinnette v R [2012] NSWCCA 217
Kentwell v R (No 2) [2015] NSWCCA 96
Ponfield v R [1999] NSWCCA 435; (1999) 48 NSWLR 327
R v Doolan (No 2) [2010] NSWSC 194
R v Fernando (1992) 76 A Crim R 58
Category: Sentence Parties: Leaum Doolan (the offender)
Public Prosecutions (NSW) (Crown)Representation: Counsel:
Solicitors:
T McKenzie (for the offender)
Legal Aid NSW (for the offender)
J Azard for Public Prosecutions (NSW) (Crown)
File Number(s): 2022/336940
JUDGMENT – Ex tempore revised
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Leaum Doolan is before the Court today for sentence for two serious offences:
Aggravated Break and Enter: s 112(2) Crimes Act1900 (NSW); and
Break and Enter Dwelling and Steal: s 112(1) Crimes Act.
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There is a related matter of Take and Drive a Conveyance, the result of the second burglary, I will take it into account on a Form 1: s 154A(1) Crimes Act.
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Doolan was released to parole shortly before the commission of these offences on 9 September 2022. His response to parole was not good.
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On 7 November 2022 a man living in Thirroul saw a man, later identified as Doolan, attempting to enter his garage. The man made some excuses for being there and then left. But soon after the owner noticed his garage keys were missing. He also saw that his garage was partly open. The keys were never recovered.
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On the same day a woman locked up her home in Helensburgh and left for the day. On her return she found that her premises had been broken into. Her car keys and some cigarettes had been taken. The keys were…
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- AGLC
- R v Doolan (No 2) [2023] NSWDC 600
- Case
- [2023] NSWDC 600
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence, considering the serious nature of the offences, the fact that they were committed while Doolan was on parole, and his failure to adhere to bail conditions. Additionally, the court had to weigh the mitigating factors such as Doolan's pleas of guilty, his age, history of childhood deprivation, experiences of abuse in juvenile custody, long history of offending, institutionalisation, mental illness, and other special circumstances.
In rendering its decision, the court acknowledged the gravity of Doolan's actions but also recognised the significant mitigating factors present in his case. The court considered his age, background, and mental health issues, which led to a sentencing decision that, while acknowledging the seriousness of the offence, placed it near the lower end of the range. Consequently, the court imposed an aggregate imprisonment sentence of 2 years and 11 months, with a non-parole period of 1 year and 8 months.
No further orders were made beyond the sentence handed down.
Orders
Orders of the court
Aggregate imprisonment sentence of 2 years 11 months with a non‑parole period of 1 year and 8 months
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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