R v Ioannou

[2021] NSWDC 120

District Court

New South Wales

Medium Neutral Citation:

R v Ioannou [2021] NSWDC 120

Hearing dates:

5 March 2011

Date of orders:

11 March 2021

Decision date:

11 March 2021

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Aggregate sentence imposed one of 4 years and 4 months imprisonment with a non-parole period of 2 years and 2 months

Convictions recorded under s 10A of Crimes (Sentencing Procedure) Act 1999 (NSW)

Two 6 month periods and one 2 year 6 month period of license disqualification, to be served concurrently

Catchwords:

CRIME — Property offences — Larceny

CRIME — Property offences — Break, enter and commit serious indictable offence

CRIME — Property offences — Take and drive a conveyance

CRIME — Driving offences — Driving in manner dangerous to others — Police pursuit

Legislation Cited:

Crimes Act 1900 (NSW) ss 51B(1), 112(1)(a), 117, 154C(2), 192E(1)(b)

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 10A, 21A

Road Transport Act 2013 (NSW)

Cases Cited:

Lawson v R [2018] NSWCCA 215

DPP v De La Rosa [2010] NSWCCA 194

Muldrock v R [2011] HCA 39

Bugmy v R (2013) 249 CLR 571

R v Henry (1999) 46 NSWLR 346

Category:

Sentence

Parties:

Director of Public Prosecutions (Crown)
John Ioannou (Offender)

Representation:

Counsel:
Ms Hooper (Crown)
Mr Snelling (Offender)

File Number(s):

2019/228227

Publication restriction:

Nil

SENTENCE

Introduction

1. The offender stands to be sentenced having pleaded guilty to the following offences. One, that between 21 July 2019 and 22 July 2019 at Quakers Hill he stole certain property, namely a handbag containing a wallet, including a Westpac MasterCard, a Commonwealth Bank MasterCard, a driver’s licence, a Medicare card and other personal cards, the property of Grupreet Kaur. That is an offence of larceny under s 117 of the Crimes Act and has a maximum penalty of five years imprisonment and there is no applicable standard non-parole period.

2. The second offence is that on 22 July 2019 at North St Mary’s the offender by deception, by using a stolen credit card, dishonestly obtained a financial advantage, namely, goods to the value of $84.98. That is an offence under s 192E(1)(b) of the Crimes Act and has a maximum penalty of ten years imprisonment and there is no applicable standard non-parole period.

3. The third offence is that on 22 July 2019 at Bidwill the offender, without the consent of Papatangi Marsters, a person in lawful possession of a motor vehicle, namely a Holden Barina, took and drove the motor vehicle when Papatangi Marsters was in the motor vehicle and at the time he took and drove the motor vehicle the offender was in the company of Justin Murphy. That is an offence under s 154C(2) of the Crimes Act and has a maximum penalty of 14 years imprisonment and there is an applicable standard non-parole period of five years.

4. The fourth offence is that between 19 and 20 July 2019 at Turramurra, the offender broke and entered the detached garage of Sharmilla Gosai, situated at unit 22/1292 Pacific Highway,…