R v Ellis - [2025] NSWDC 451

District Court

New South Wales

Case Name:	R v Ellis
Medium Neutral Citation:	[2025] NSWDC 451
Hearing Date(s):	25/7/25
Date of Orders:	25/7/25
Decision Date:	25 July 2025
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 3 years 2 months with a NPP of 2 years 2 months (19/10/24-18/12/26). I find special circumstances. Indicative sentences (after 25 percent discount): Seq 1 Aggravate BE&S – 2 years 9 months with NPP 1 years 11 months Seq 3 Police pursuit – 18 months Seq 4 Take drive conveyance – 15 months Seq 5 Drive never licensed – 1 month Seq 6 Possess prohibited drug – 3 months Seq 8 Intimidate police officer – 14 months
Catchwords:	Crime – Sentence – Aggravated break enter and steal – Knowing persons present – Police pursuit – Drive stolen conveyance – Intimidate police in execution of duty
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure Act 1999 Criminal Procedure Act 1986
Cases Cited:	Bugmy v The Queen [2013] HCA 37 Commonwealth DPP v De La Rosa (2010) 79 NSWLR 1
Category:	Sentence
Parties:	NSW DPP – Crown Corey Ian Ellis - Offender
Representation:	Ms C Deibe for Crown Mr P Krisenthal for Offender
File Number(s):	24/248764

REMARKS ON SENTENCE

Mr Corey Ellis is for sentence in relation to a number of offences to which he has pleaded guilty at the earliest opportunity and for which a 25% discount will be allowed by reason of the utilitarian value of those pleas of guilty. The offences are as follows:
The sequence 1 offence, which is one of breaking and entering and stealing aggravated by reason of the offender knowing that persons were inside the premises. That is an offence under s 112(2) of the Crimes Act 1900 and carries a maximum penalty of 20 years’ imprisonment and there is specified a standard non-parole period of five years for a mid-range offence.
Sequence 3, which is an offence of failing to stop knowing that police officers were in pursuit, and driving thereafter in a manner dangerous to others. That is an offence under s 51B(1) of the Crimes Act 1900 and carries a maximum penalty of five years’ imprisonment.
Sequence 4, which is an offence of driving a conveyance, namely, a Mitsubishi Magna, knowing that it had been taken without the consent of the owner, an offence under s 154A(1)(b) of the Crimes Act 1900 which carries a maximum penalty of five years' imprisonment.
Sequence 8, which is an offence of intimidate police in the execution of duty, that being an offence under s 60(1) of the Crimes Act 1900 and carrying a maximum penalty of five years' imprisonment.
There are two offences which are to be dealt with pursuant to s 166 of the Criminal Procedure Act 1986 and therefore are subject to the jurisdictional limit of the Local Court, those being sequence 5, which is an offence of driving a motor vehicle having never been licensed to…

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 Ellis

Details

AGLC: R v Ellis [2025] NSWDC 451
Case: [2025] NSWDC 451
Decision Date: 25 July 2025

CaseChat Overview and Summary

In the case of R v Ellis, the defendant was convicted of a series of serious criminal offences and was sentenced by the court. The defendant was found guilty of aggravated break and enter and steal, knowing persons were present, engaging in a police pursuit, driving a stolen conveyance, and intimidating a police officer in the execution of their duty. The case was heard in the relevant court, which determined the appropriate sentence for the defendant’s crimes.

The legal issues that the court had to decide upon included the appropriate sentences for each of the charges, as well as the application of any special circumstances that may have applied. The court also had to consider the overall sentence and whether a non-parole period should be applied. The court was required to balance the seriousness of the offences with any mitigating factors and determine an appropriate aggregate sentence.

The court found that special circumstances did apply in this case, which led to a discount in the overall sentence. The court applied an aggregate sentence of 3 years and 2 months, with a non-parole period of 2 years and 2 months. The court took into account the indicative sentences for each charge, applying a 25 percent discount, and considered the totality of the defendant's offending. The court found that the overall sentence was just and appropriate, given the circumstances of the case.

The final orders of the court were that the defendant be sentenced to an aggregate term of imprisonment of 3 years and 2 months, with a non-parole period of 2 years and 2 months. The court found special circumstances to apply and set an indicative sentence for each of the charges, which was discounted by 25 percent. The court's decision reflects the seriousness of the offences and the need for appropriate punishment and deterrence.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 3 years 2 months with a NPP of 2 years 2 months (19/10/24-18/12/26).

I find special circumstances.

Indicative sentences (after 25 percent discount):

Seq 1 Aggravate BE&S – 2 years 9 months with NPP 1 years 11 months

Seq 3 Police pursuit – 18 months

Seq 4 Take drive conveyance – 15 months

Seq 5 Drive never licensed – 1 month

Seq 6 Possess prohibited drug – 3 months

Seq 8 Intimidate police officer – 14 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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