R v Neil Andrew Pettersen

[2012] NSWDC 153

District Court

New South Wales

Medium Neutral Citation:

R v Neil Andrew PETTERSEN [2012] NSWDC 153

Hearing dates:

19/04/2012

Decision date:

19 April 2012

Before:

Judge S Norrish QC

Decision:

Agg B&E & commit serious indictable offence - in company

Convicted: Sentenced to a term of imprisonment consisting of a non parole period being 3 years. The balance of the sentence being 3 years. I find special circumstances.

Aggravated break and enter w/i- in company

Taking into account matters on a Form 1.

Convicted: Sentenced to a term of imprisonment of 3 years and 9 months.

Catchwords:

CRIMINAL LAW: Sentence - break and enter, in company, Form 1 offences, breach of conditional liberty, early plea, special circumstances.

Legislation Cited:

Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Callaghan v The Queen [2006] NSWCCA 58
R v Ponfield (1999) 48 NSWLR 327
Muldrock v R [2011] HCA 39
R v Way (2004) NSWCCA 131; 60 NSWLR 168
Markarian v R (2005) HCA 25
Zreika v R [2012] NSWCCA 44
Osenkowski v R (1986) 5 A Crim R 394
R v Blackman & Walters [2001] NSWCCA 121
Kovacevic (2000) 111 A Crim R 131
Yardley & Betts (1979) 22 SASR 108
Henry v The Queen (1999) 46 NSWLR 346
Attorney General's Application No 1 of 2002 (2002) 56 NSWLR 147

Category:

Sentence

Parties:

Director of Public Prosecutions
Neil Andrew Pettersen (Offender)

Representation:

Director of Public Prosecutions
Ms B Duchen (Offender)

File Number(s):

2011/287342

Sentence

1. HIS HONOUR: Stand up please Mr Pettersen. My practice is to tell prisoners in advance what sentence I intend to impose. In your case I propose to fix a non-parole period of four years three months, an effective non-parole period of four years three months, and the balance of sentence will be three years. Take a seat, thanks very much. That involves a finding of special circumstances and I will explain the reason for that shortly.

1. Neil Andrew Pettersen appears today for sentence in relation to two offences and requires me to take into account matters on a Form 1 in relation to one of those offences, hereinafter to be referred to as "the principal offence".

1. The first offence in time is an allegation that the prisoner on 20 March 2011 at Rosehill in the State of New South Wales did conspire to break and enter the warehouse of The Perfume Network situated at ... Rosehill and then in the said ... warehouse did conspire to commit a serious indictable offence, to wit steal in circumstances of aggravation, to wit he was in company with other persons, namely, Yashar Gogani and other unknown persons.

1. This offence is an offence contrary to s 112(2) Crimes Act 1900. It has a maximum penalty of twenty years imprisonment and a standard non-parole period of five years imprisonment pursuant to Pt 4 Div 1A Crimes (Sentencing Procedure) Act 1999 ("the Act").

1. The second offence in time, and the principal offence because it is the matter to which the Form 1…