District Court
New South Wales
Medium Neutral Citation: R v LITTLE [2025] NSWDC 138 Hearing dates: 26 March 2025 Date of orders: 24 April 2025 Decision date: 24 April 2025 Jurisdiction: Criminal Before: Lerve DCJ Decision: Sentenced to an aggregate term of imprisonment – see paragraphs [74]-[79]
Catchwords: CRIME – property offences – aggravated break and enter commit serious indictable offence - aggravated break and enter with intent to commit serious indictable offence - enter land with intent to commit serious indictable offence - enter building with intent to commit serious indictable offence
SENTENCE – multiple offences over a number of properties – juvenile co-offenders – past brain injury – no overt evidence of an intellectual disability, but deficits in executive functioning – principles in Bugmy enlivened – parity has little work to do in this case
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Criminal Procedure Act, 1986
Cases Cited: Bugmy v The Queen [2013] HCA 37
Category: Sentence Parties: Rex
Tyson LITTLERepresentation: Counsel:
Solicitors:
Ms K Borchert for the Crown
Mr T Jackson for the Offender
Office of the Director of Public Prosecutions
Tankards Law,
File Number(s): 2024/68203 Publication restriction: No
remarks on sentence
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The offender appeared at the Wagga Wagga Local Court on 11 December 2024 and pleaded guilty to the following:
H80404743
Sequences 1, 4, and 5 – Aggravated Break Enter and Commit Serious Indictable Offence (Larceny) contrary to s 112(2) of the Crimes Act, 1900; and
Sequence 3 – Enter Land with Intent to Commit an Indictable Offence namely larceny contrary to s 114(1)(d) of the Crimes Act; and
Sequences 6,15 and 16 – Aggravated Break and Enter with Intent to Commit an Indictable Offence, contrary to s 113(2) of the Crimes Act; and
Sequences 21 and 22 – Enter Building in Company with Intent to Steal, contrary to s 111(2) of the Crimes Act.
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The offender adhered to his pleas of guilty at the Wagga Wagga District Court on 26 March 2025 and accordingly he is entitled to the full 25% discount for the utilitarian value of the pleas of guilty
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The maximum penalty for each of the offences contrary to s 112(2) of the Crimes Act is 20 years imprisonment. Parliament has specified a standard non-parole period of 5 years in respect of those offences. The maximum penalty for the offence contrary to s 114(1)(d) of the Crimes Act is 7 years imprisonment. The maximum penalty for each of the offences contrary to s 113(2) of the Crimes Act is 14 years imprisonment. The maximum penalty for each of the offences contrary to s 111(2) of the Crimes Act is 14 years imprisonment.
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In addition, at the sentence hearing the offender pleaded guilty to two charges of Be Carried in Conveyance Taken Without the Consent of…
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- AGLC
- R v Little [2025] NSWDC 138
- Case
- [2025] NSWDC 138
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to decide included the appropriate sentence for the defendant, taking into account the multiple offences, the juvenile status of the co-offenders, and Little's brain injury. The court also had to consider whether there were any mitigating factors that would impact the severity of the sentence. The court needed to balance the need for punishment and deterrence with the need to consider the defendant's personal circumstances and the potential for rehabilitation. Additionally, the court had to consider the principles set out in Bugmy, which emphasise the importance of considering the unique circumstances of Indigenous defendants.
The court found that the aggravating factors of the case, including the multiple offences and the seriousness of the crimes, warranted a significant sentence. However, the court also took into account the mitigating factors, including Little's brain injury and the fact that he was a juvenile at the time of some of the offences. The court found that the principles in Bugmy were enlivened, but that there was little room for parity in this case due to the severity of the offences. The court ultimately sentenced Little to an aggregate term of imprisonment, taking into account all of the relevant factors. The court's reasoning and outcome reflect a careful consideration of the legal principles and the unique circumstances of the case.
Orders
Orders of the court
Sentenced to an aggregate term of imprisonment – see paragraphs [74]-[79]
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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