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: BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 159
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
KT v R (2008) 182 A Crim R 571; [2008] NSWCCA 51
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 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)
Category: Sentence Parties: Taj Hearn (First Offender)
Cruise Paese (Second Offender)
Public Prosecutions (NSW) (Crown)Representation: Counsel:
Solicitors:
R El-Choufani (First Offender)
A Booker (Second Offender)
Morrisons (First Offender)
McAneny Lawyers (Second Offender)
J Loosley (Crown)
File Number(s): 2024/00063460
2024/00063467Publication restriction: Nil
Judgment
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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.
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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.
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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…
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- Case
- [2025] NSWDC 228
- Decision Date
CaseChat Overview and Summary
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
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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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