R v Enosa

[2011] NSWDC 139

District Court

New South Wales

Medium Neutral Citation:

R v Enosa [2011] NSWDC 139

Hearing dates:

11 March 2011

Decision date:

11 March 2011

Jurisdiction:

Criminal

Before:

Gibson DCJ

Decision:

(1) The offender is convicted and sentenced to imprisonment for five years. A non-parole period of two years and six months is set.

(2) The date of commencement of the sentence is 23 October 2009 and the earliest day upon which the offender will become eligible to be released on parole is 22 April 2012.

Catchwords:

CRIMINAL LAW - sentence - aggravated break, enter and steal

Legislation Cited:

Crimes Act 1900 (NSW), ss 86(2)(a) and 112(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), s 47(2) and Pt 4 Div 1A

Cases Cited:

Georgopoulos v R [2010] NSWCCA 246
R v Kay [2004] NSWCCA 130
R v Pickett [2010] NSWCCA 273
R v Ponfield (1999) 48 NSWLR 327
R v Thompson (2000) 49 NSWLR 383
R v Way (2004) 60 NSWLR 168
Thorpe v R [2010] NSWCCA 261
Vu v Regina [2006] NSWCCA 188

Texts Cited:

-

Category:

Sentence

Parties:

Teata Joe Enosa

File Number(s):

2009/235721

Publication restriction:

None

Judgment

1. Teata Joe Enosa has pleaded guilty to a charge of aggravated break, enter and steal. This is an offence against s 112(2) Crimes Act 1900 (NSW) for which the maximum penalty is 20 years, with a standard non-parole period of 5 years.

1. The circumstances in which the offence occurred may briefly be stated as follows. On Sunday 8 April 2007 the offender joined 5 to 7 other men who had travelled to the complainant's home in Lidcombe for the purpose of obtaining money from him.

1. Earlier that day, before the offender's involvement, a group of men led by a man named Zaydon Mazin El-Majid had held up the complainant at gunpoint and taken him by force first to a factory office and then to his own home. Some time later the offender also entered the complainant's house in the company of several other men, and began looking for valuables.

1. When the offender and several others arrived, the complainant was being held, bound and gagged, in another room. While the offender was ransacking the complainant's wardrobe, a co-offender armed with an offensive weapon (a gun) and threatened the complainant that if he did not give him money "you'll die, I'll shoot you". At one point El-Majid obtained a hammer from the kitchen and used it to hit both the complainant's hands. He also twisted the complainant's wrist. The offender did not participate in the assault of the complainant.

1. During the incident at the house two gold rings, a necklace, two mobile phones, a video camera, a flat screen television, a DVD player, mechanics' tools, a car stereo system and two razors were stolen.

1. Police attended the scene and on 9 April 2007 found a fingerprint matching the offender's left little finger on the exterior of the left edge of a wardrobe door, as well as his palm print on the mirror of another…