R v Merheb

[2020] NSWDC 385

District Court

New South Wales

Medium Neutral Citation:	R v Merheb [2020] NSWDC 385
Hearing dates:	24 June 2020
Decision date:	24 June 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 5 years 6 months with a non parole period of 4 years.
Catchwords:	CRIME - SENTENCE - aggravated break and enter and commit serious indictable offence - attempted break and enter with intent to commit serious indictable offence.
Legislation Cited:	Crimes Act 1900 (NSW), ss112(2) and 113(2)
Category:	Sentence
Parties:	Regina (Crown) Mathew Thomas Merheb (Offender)
Representation:	Mr Valerio (ODPP Campbelltown) Ms Chu (Solicitor for the offender)
File Number(s):	2019/00350968
Publication restriction:	Nil

Judgment

1. Mathew Thomas Merheb you appear for sentence today in relation to two principal offences.

2. First, aggravated break and enter and commit serious indictable offence, namely, larceny knowing persons were present in the premises (Sequence 1). This involves a contravention of s 112(2) of the Crimes Act 1900 (NSW). The maximum penalty for that offence is 20 years’ imprisonment and there is a standard non‑parole period of five years’ imprisonment.

3. In relation to that first principal offence, you have asked me to take into account one matter on a Form 1 which I have certified, namely dishonestly causing financial disadvantage by deception.

4. Secondly, attempted break and enter a dwelling house with intent to commit a serious indictable offence, namely, larceny (Sequence 3). This involves a contravention of s 113(2) of the Crimes Act. The maximum penalty for that offence is 10 years’ imprisonment. There is no standard non‑parole period.

5. In relation to this second principal offence, you have asked me to take into account one matter on another Form 1 which I have also certified, namely larceny.

6. The facts surrounding your offending are contained in an agreed statement of facts which, slightly recast by me as to style but not substance, can be summarised as follows.

7. As at October 2019 you were on parole for the offence of supplying prohibited drugs on an ongoing basis.

8. At some point in the early hours of the morning of 25 October 2019 you were on residential premises at Rosemeadow. Those premises were occupied by Mr and Mrs Campbell and their baby child. The couple had gone to bed on the evening of 24 October 2019 and their two motor vehicles were parked in the driveway of their home.

9. Mr Campbell had left iPhones that he used for his work in the lounge room of their house; and the house and car keys which he used were left on the kitchen bench. His work laptop was also left on that bench.

10. At about 2am on 25 October 2019 the alarm of one of the vehicles went off. This aroused Mr Campbell from his sleep and he went and saw that the internal garage door was open, the roller door for the garage door had been propped open, and the driver’s door of one of the vehicles was ajar. He then went back inside the house.…