R v Hurley - [2025] NSWDC 406

District Court

New South Wales

Medium Neutral Citation: R v Hurley [2025] NSWDC 406
Hearing dates: 13/5/25
Date of orders: 13/5/25
Decision date: 13 May 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 (12/9/24-11/11/26). I find special circumstances.
The indicative sentences are (after a 25 percent discount):
Seq 6 Aggravated break enter and commit larceny – 2 years 2 months with NPP 1 year 9 months (Form 1 matters taken into account).
Seq 9 Aggravated break and enter dwelling in company with intent to steal – 1 year 10 months.
A copy of the Psychologist report of Ivanka Manoski dated 24/3/25 is to be forwarded to Justice Health and Corrective Services. I recommend that the Offender be given favourable consideration for inclusion in programs such as those referred to in paragraph 46 of the report.

Catchwords:
Crime – Sentence – Breaking and entering dwelling house with intent to commit larceny, knowing persons inside – Break and enter dwelling house with intent to commit larceny in company

Legislation Cited:
Crimes Act 1900
Criminal Procedure Act 1986
Crimes (Sentencing Procedure) Act1999

Cases Cited:
Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No.1 of 2002 (2002) 56 NSWLR 146
Bugmy v R [2013] 249 CLR 571
R v VR [2025] NSWCCA 36
TM v R [2023] NSWCCA 185

Category: Sentence
Parties: NSW DPP – Crown
Michael Paul Charles Hurley - Offender
Representation: Mr A Barnes for Crown
Mr S Bouveng for Offender

File Number(s): 24/122276

remarks on sentence

Mr Michael Hurley is for sentence in relation to two substantive offences, those being as follows: The sequence 6 offence, which is one of breaking and entering a dwelling house with intent to commit a serious indictable offence of larceny, in circumstances of aggravation, namely knowing that a person was in the premises. That is an offence under s 112(2) of the Crimes Act 1900 and carries a maximum penalty of 20 years imprisonment. Furthermore, a standard non-parole period of five years is specified.
In dealing with that offence, he asks that I take into account, which I will, on a Form 1 document, four other offences set out on that document.
The second substantive offence is the sequence 9 offence of breaking and entering a dwelling shed with intent to commit a serious indictable offence of larceny, in circumstances of aggravation, namely that he was in company with another person. The maximum penalty for that offence under s 113(2) is 14 years imprisonment.
The maximum penalties and, where applicable, standard non-parole periods are, of course important guide posts in the sentencing exercise to which I have had regard.
The offender pleaded guilty at the earliest opportunity and will be given a 25% discount by reason of the utilitarian value of those pleas of guilty.

FACTS

The facts of the offences, including the Form 1 matters, are set…

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 Hurley

Details

AGLC: R v Hurley [2025] NSWDC 406
Case: [2025] NSWDC 406
Decision Date: 13 May 2025

CaseChat Overview and Summary

The matter of R v Hurley was heard in a court of law, where the defendant, Hurley, was facing charges relating to breaking and entering a dwelling with the intent to commit larceny, with the aggravating factor of knowing that there were persons inside. The case revolved around Hurley's unlawful entry into a dwelling with the intent to commit theft, and the presence of other individuals within the premises at the time of the offence. The court was required to determine the appropriate sentence for Hurley, taking into account the specific legal issues presented by the case.

The primary legal issue before the court was to decide the appropriate punishment for Hurley, considering the severity of the crimes committed and the presence of aggravating factors. The court had to evaluate the relevant sentencing principles and guidelines to determine the appropriate term of imprisonment and any applicable non-parole periods. Additionally, the court needed to assess whether any special circumstances existed that warranted a departure from the usual sentencing norms.

In reaching its decision, the court considered the specific details of the offence, including the aggravating factors present. The court found that special circumstances did exist, which justified a departure from the usual sentencing guidelines. The court then applied a 25 percent discount to the indicative sentences for the respective offences, resulting in an aggregate term of imprisonment of 3 years 2 months, with a non-parole period of 2 years 2 months. The court recommended that a copy of the psychologist's report be forwarded to Justice Health and Corrective Services and suggested that Hurley be given favourable consideration for inclusion in rehabilitation programs.

The final orders in this case were that Hurley be convicted and sentenced to an aggregate term of imprisonment of 3 years 2 months, with a non-parole period of 2 years 2 months. The court found that special circumstances existed and applied a 25 percent discount to the indicative sentences. Furthermore, the court recommended that a copy of the psychologist's report be forwarded to Justice Health and Corrective Services and suggested that Hurley be given favourable consideration for inclusion in rehabilitation programs.

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 (12/9/24-11/11/26). I find special circumstances.

The indicative sentences are (after a 25 percent discount):

Seq 6 Aggravated break enter and commit larceny – 2 years 2 months with NPP 1 year 9 months (Form 1 matters taken into account).

Seq 9 Aggravated break and enter dwelling in company with intent to steal – 1 year 10 months.

A copy of the Psychologist report of Ivanka Manoski dated 24/3/25 is to be forwarded to Justice Health and Corrective Services. I recommend that the Offender be given favourable consideration for inclusion in programs such as those referred to in paragraph 46 of the report.

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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Medium Neutral Citation:	R v Hurley [2025] NSWDC 406
Hearing dates:	13/5/25
Date of orders:	13/5/25
Decision date:	13 May 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 (12/9/24-11/11/26). I find special circumstances. The indicative sentences are (after a 25 percent discount): Seq 6 Aggravated break enter and commit larceny – 2 years 2 months with NPP 1 year 9 months (Form 1 matters taken into account). Seq 9 Aggravated break and enter dwelling in company with intent to steal – 1 year 10 months. A copy of the Psychologist report of Ivanka Manoski dated 24/3/25 is to be forwarded to Justice Health and Corrective Services. I recommend that the Offender be given favourable consideration for inclusion in programs such as those referred to in paragraph 46 of the report.
Catchwords:	Crime – Sentence – Breaking and entering dwelling house with intent to commit larceny, knowing persons inside – Break and enter dwelling house with intent to commit larceny in company
Legislation Cited:	Crimes Act 1900 Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act1999
Cases Cited:	Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No.1 of 2002 (2002) 56 NSWLR 146 Bugmy v R [2013] 249 CLR 571 R v VR [2025] NSWCCA 36 TM v R [2023] NSWCCA 185
Category:	Sentence
Parties:	NSW DPP – Crown Michael Paul Charles Hurley - Offender
Representation:	Mr A Barnes for Crown Mr S Bouveng for Offender
File Number(s):	24/122276