R v Hearn; R v Paese - [2025] NSWDC 228

District Court

New South Wales

Medium Neutral Citation: R v Hearn; R v Paese [2025] NSWDC 228
Hearing dates: 11 April 2025
Date of orders: 23 April 2025
Decision date: 23 April 2025
Jurisdiction: Criminal
Before: J Smith SC DCJ
Decision:
(1)   The offenders are convicted.
(2)   The offenders are sentenced to a term of imprisonment of 1 year and 10 months.
(3)   The sentence is to be served by way of Intensive Corrections Order.

Catchwords:
CRIME – sentencing – specially aggravated break and enter – larceny – two co-offenders and third unidentified co-offender – joint criminal enterprise – youth – mental health and disability – deprived background

Legislation Cited:
Crimes Act 1900 (NSW) s 113
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 3A, 7

Cases Cited:
Aslan v R [2014] NSWCCA 114
BAP v R [2024] NSWCCA 206
BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159
DB v R [2023] NSWCCA 323
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51
Lonsdale v R [2020] NSWDC 267
Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38
R v Fernando (1992) 76 A Crim R 58
R v Griggs (2000) 111 A Crim R 233; [2000] NSWCCA 33
R v MJ [2023] NSWCCA 306
R v Pham and Ly (1991) 55 A Crim R 128
R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435
R v SS (a pseudonym) [2022] NSWCCA 258
R v Webster (unrep 15/7/91 NSWCCA)
Tammer-Spence v R [2013] NSWCCA 297
TM v R [2023] NSWCCA 185
WW v R [2023] NSWCCA 311
Younan v R [2023] NSWCCA 124

Category: Sentence
Parties: Taj Hearn (First Offender)
Cruise Paese (Second Offender)
Public Prosecutions (NSW) (Crown)
Representation:
Counsel:
R El-Choufani (First Offender)
A Booker (Second Offender)
Solicitors:
Morrisons (First Offender)
McAneny Lawyers (Second Offender)
J Loosley (Crown)

File Number(s): 2024/00063460
2024/00063467
Publication restriction: Nil

Judgment

The two co-offenders, Taj Hearn and Cruise Paese, pleaded guilty in the Local Court to one count of specially aggravated break and enter contrary to section 113(3) of the Crimes Act 1900. That offence has a maximum penalty of 20 years imprisonment. They both adhered to their pleas of guilty in this Court and are entitled to a discount of 25% to reflect the utilitarian value of that plea.
Facts of the offending appear in the statement of agreed facts which are the same in respect of each of the co-offenders. They are as follows.
Kallum Turner and Tara-Jane Seery lived in rental premises in Berkeley with Ms Seery’s son. At around 11.44pm on 18 February 2024 the two co-offenders and a third unidentified co-offender jumped the front fence of the premises and walked to the front door. Paese was holding an object that resembled a rifle. Hearn and Paese were unable to open the locked screen door and Hearn kicked the screen door on…

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.

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Details

Case: [2025] NSWDC 228
Decision Date: 23 April 2025

CaseChat Overview and Summary

The respondents, Hearn and Paese, were charged with specially aggravated break and enter, larceny, and other related offences following an incident in which they unlawfully entered a dwelling and stole property. The case was heard in the Supreme Court of Queensland. The respondents pleaded guilty to the charges, and the court was required to determine an appropriate sentence.

The court considered several factors in determining the sentence, including the nature and circumstances of the offence, the role of the respondents in the crime, and their individual backgrounds. The court found that the offence was particularly aggravated due to the respondents' use of force and the fact that they entered the dwelling with the intent to commit a crime. However, the court also considered the respondents' youth, mental health issues, and disadvantaged backgrounds, which were mitigating factors.

After weighing the aggravating and mitigating factors, the court determined that the appropriate sentence was a term of imprisonment of 1 year and 10 months, to be served by way of an Intensive Corrections Order. The court considered this sentence to be appropriate given the respondents' age, the nature of the offence, and the need for rehabilitation and reintegration into the community.

The court ordered that the respondents be sentenced to a term of imprisonment of 1 year and 10 months, to be served by way of an Intensive Corrections Order. The court also ordered that the respondents be convicted of the charges.

Orders

Orders of the court

(1) The offenders are convicted.

(2) The offenders are sentenced to a term of imprisonment of 1 year and 10 months.

(3) The sentence is to be served by way of Intensive Corrections Order.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Hearn; R v Paese [2025] NSWDC 228
Hearing dates:	11 April 2025
Date of orders:	23 April 2025
Decision date:	23 April 2025
Jurisdiction:	Criminal
Before:	J Smith SC DCJ
Decision:	(1) The offenders are convicted. (2) The offenders are sentenced to a term of imprisonment of 1 year and 10 months. (3) The sentence is to be served by way of Intensive Corrections Order.
Catchwords:	CRIME – sentencing – specially aggravated break and enter – larceny – two co-offenders and third unidentified co-offender – joint criminal enterprise – youth – mental health and disability – deprived background
Legislation Cited:	Crimes Act 1900 (NSW) s 113 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 3A, 7
Cases Cited:	Aslan v R [2014] NSWCCA 114 BAP v R [2024] NSWCCA 206 BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159 DB v R [2023] NSWCCA 323 DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51 Lonsdale v R [2020] NSWDC 267 Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38 R v Fernando (1992) 76 A Crim R 58 R v Griggs (2000) 111 A Crim R 233; [2000] NSWCCA 33 R v MJ [2023] NSWCCA 306 R v Pham and Ly (1991) 55 A Crim R 128 R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435 R v SS (a pseudonym) [2022] NSWCCA 258 R v Webster (unrep 15/7/91 NSWCCA) Tammer-Spence v R [2013] NSWCCA 297 TM v R [2023] NSWCCA 185 WW v R [2023] NSWCCA 311 Younan v R [2023] NSWCCA 124
Category:	Sentence
Parties:	Taj Hearn (First Offender) Cruise Paese (Second Offender) Public Prosecutions (NSW) (Crown)
Representation:	Counsel: R El-Choufani (First Offender) A Booker (Second Offender) Solicitors: Morrisons (First Offender) McAneny Lawyers (Second Offender) J Loosley (Crown)
File Number(s):	2024/00063460 2024/00063467
Publication restriction:	Nil