R v Steen

[2020] ACTSC 222

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Steen

Citation:

[2020] ACTSC 222

Hearing Dates:

7 November 2019; 10 February, 20 April, 29 April 2020

DecisionDate:

2 July 2020

Before:

Burns J

Decision:

See [80]–[126]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – 21 counts burglary – 19 counts theft – two counts possession of stolen property – one count going equipped for burglary – one count damaging property – pleas of guilty – some moderation of personal and general deterrence – bleak prospects for rehabilitation – importance of community protection

Legislation Cited:

Criminal Code Act 2002 (ACT) ss 308, 311, 315(1), 324(1), 403
Crimes (Sentencing) Act 2005 (ACT)

Parties:

The Queen (Crown)

Marshall James Steen (Offender)

Representation:

Counsel

D Sahu-Khan (Crown)

S McLaughlin (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Offender)

File Numbers:

SCC 150 of 2019; SCC 151 of 2019; SCC 207 of 2019

BURNS J:

1. Marshall Steen, you have entered pleas of guilty to 21 offences of burglary, 19 offences of theft, one offence of going equipped for burglary, two offences of possession of stolen property and one offence of damaging property. It is now my obligation to sentence you for these offences. 

1. The offences are contained on three Supreme Court files being SCC 150 of 2019,

   
   

   SCC 151 of 2019 and SCC 207 of 2019. I will deal with the offences in the chronological order in which they were committed and I will refer to each offence by the file number given to it in the ACT Magistrates Court. 

1. Pleas of guilty were entered to all offences in the ACT Magistrates Court. I accept that these were early pleas, possessing a significant utilitarian value and indicating a willingness to facilitate the administration of justice. I will reduce by approximately

   
   

   25 per cent the sentences that would otherwise be appropriate because of your pleas of guilty.  

1. The maximum penalty for the offence of burglary, contrary to s 311 of the

   
   Criminal Code ACT 2002

   (ACT) (the Criminal Code), is 14 years' imprisonment, a fine of $224,000, or both. The maximum penalty for the offence of theft, contrary to s 308 of the Criminal Code, is 10 years' imprisonment, a fine of $160,000, or both. The maximum penalty for the offence of possessing an article with the intent to commit theft or burglary, contrary to s 315(1) of the Criminal Code, is three years' imprisonment, a fine of $48,000, or both. The maximum penalty for the offence of damaging property, contrary to s 403 of the Criminal Code, is 10 years' imprisonment, a fine of $160,000, or both. Finally, the maximum penalty for the offence of possession of property suspected of being stolen, contrary to s 324(1) of the Criminal Code, is six months' imprisonment, a fine of $8,000, or both.

The facts

CC19/5521 and CC19/5522

1. On 20 September 2017, you committed a burglary and theft at residential premises in Dickson in the ACT. You gained entry to the premises by smashing a glass sliding door. While in the premises you stole an iPhone, an antique watch and some other small items, of the total value of approximately $2,000. These are charges CC19/5521 and CC19/5522 respectively. You were identified by DNA evidence as the offender.  

1. In assessing the objective seriousness of the offence of burglary, I take into account that the premises the subject of the offence, were residential premises and that entry into the premises was forced. I also take into account that the offence took place during daylight hours when the normal occupant of the premises was at work. 

1. In assessing the objective seriousness of the offence of theft, I take into account the value of the items stolen. I would assess the objective seriousness of the offence of burglary as at the bottom of the mid-range of such offences while I would assess the offence of theft as in the bottom-range of such offences.

1. Most of the burglary offences that I have to deal with were of a similar nature to this offence and in describing the objective seriousness of each of the following offences of burglary, I will only describe circumstances which may differ from those found in this offence.

CC19/4122 and CC19/4123

1. On 10 October 2017, you committed a burglary and theft at residential premises in O'Connor in the ACT. You gained entry to the premises by smashing a glass sliding door. While in the premises you stole a camera, an iPad, a computer, camera accessories and a bicycle of a total estimated value of $7,000. These are charges CC19/4122 and CC19/4123. You were identified as the offender by CCTV footage and DNA evidence.  

1. I also assess this offence of burglary as towards the bottom end of the mid-range of such offences and I would assess the offence of theft also as at the bottom end of the mid-range of such offences.

CC19/4124 and CC19/4125

1. Between 2 January and 8 January 2019, you committed a burglary and theft at residential premises in Braddon in the ACT. You gained entry by smashing a window in the premises. While inside the premises, you stole a quantity of jewellery with a total estimated value of $1,300. These are charges CC19/4124 and CC19/4125.

1. You were identified as the offender by DNA evidence. I assess this offence of burglary as towards the bottom end of the mid-range of such offences and the offence of theft as at the bottom-range of such offences. 

CC2019/1672 and CC2019/1673

1. On 11 January 2019, you committed a burglary and theft at residential premises in Lyneham in the ACT. You gained entry to the premises by smashing a glass door.  While in the premises you stole jewellery, electrical goods and other items to the total value of $7,443.82. These are charges CC19/1672 and CC19/1673. I assess this offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as at the bottom end of the mid-range of such offences. 

CC2019/7925, CC2019/7926 and CC2019/7927

1. On 14 January 2019, you committed a burglary and two offences of theft at residential premises at Downer in the ACT. You gained entry to the premises by damaging a front window. While in the premises you stole jewellery and assorted items belonging to one of the occupants, of the total value of $7,880, and jewellery and other assorted items belonging to another occupant, of the total value of $5,940.  

1. These are charges CC19/7925, CC19/7926 and CC19/7927. You were identified as the offender by DNA evidence.  I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess each of the offences of theft as at the

   
   

   bottom end of the mid-range of such offences.  

CC19/3220

1. Between 28 January 2019 and 1 February 2019, you committed an offence of burglary at residential premises in Watson in the ACT. You gained entry to the premises by smashing a sliding glass door. This is charge CC19/3220.

1. You were identified as the offender by DNA evidence. I assess this offence of burglary as at the bottom end of the mid-range of such offences.

CC19/4165

1. On 30 January 2019, you committed a further offence of burglary at different residential premises in Watson. You gained entry to the premises by damaging the lock of a sliding door. You ransacked the inside of the premises leaving drawers open and clothing strewn across the floor. This is charge CC19/4165. 

1. You were identified as the offender by DNA evidence. Due to the ransacking involved, I assess this offence of burglary as in the mid-range of such offences.

CC19/4126 and CC19/4127

1. On 1 February 2019, you committed a burglary and theft at residential premises in Braddon. You gained entry through a glass sliding door which suffered minor damage. While in the premises you stole a camera, two iPhones and clothing, all to the value of approximately $1,500. These are charges CC19/4126 and CC19/4127.

1. You were identified as the offender by fingerprints found at the scene. I assess this offence of burglary as at the bottom of the mid-range of such offences. I assess the offence of theft as at the bottom-range of such offences.

CC19/4128 and CC19/4129

1. Between 3 February and 5 February 2019, you committed offences of burglary and theft at residential premises in Harrison in the ACT. You gained entry by smashing the rear glass sliding door. While in the premises you stole jewellery to the value of $7,500. These are charges CC19/4128 and CC19/4129.

1. You were identified as the offender by DNA evidence. I assess the offence of burglary as at the bottom of the mid-range of such offences. I assess the offence of theft as at the bottom end of the mid-range of such offences. 

CC19/4130

1. On 4 February 2019, you committed an offence of burglary at residential premises in Franklin in the ACT. You gained entry by smashing a rear glass sliding door. This is charge CC19/4130.

1. You were identified as the offender by DNA evidence. I assess this offence as at the bottom of the mid-range of such offences.

CC19/5523 and CC19/5524

1. On 14 February 2019, you committed offences of burglary and theft at residential premises in Franklin. You gained entry to the premises by smashing a glass sliding door. While in the premises you stole a quantity of jewellery, electronics and personal property of the approximate value of $5,000. These are charges CC19/5523 and CC19/5524.  

1. You were identified as the offender by DNA evidence. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as at the bottom end of the mid-range of such offences.  

CC19/4132 and CC19/4133

1. On 16 February 2019, you committed offences of burglary and theft at residential premises in Harrison. At the time that you obtained entry to the premises, the female occupant was home and taking a shower. You gained entry by smashing a glass sliding door. While in the premises you stole electronic goods to the value of $2,272. These are charges CC19/4132 and CC19/4133.

1. You were identified as the offender by CCTV footage in combination with the modus operandi being identical to other offences you committed. I assess the offence of burglary as in the mid-range of such offences and I assess the offence of theft as at the bottom-range of such offences.  

CC19/8297, CC19/8299 and CC19/8658

1. On 1 March 2019, you committed offences of burglary, damaging property and theft at residential premises in Lawson in the ACT. These are charges CC19/8297, CC19/8299 and CC19/8658 respectively. Entry was obtained by smashing a glass door. While in the property you stole cash and jewellery to the value of $45,000. You were identified as the offender by DNA evidence. 

1. I assess the offence of burglary as at the bottom of the mid-range of such offences and assess the offence of theft as towards the upper end of the mid-range of such offences. I assess the offence of damaging property as in the bottom range of such offences.

CC19/5525 and CC19/5526

1. On 13 March 2019, you committed offences of burglary and theft at residential premises in O'Connor. You gained entry to the premises by smashing a glass door. While in the premises you stole electronic items, jewellery and bank cards to the value of $15,000. These are charges CC19/5525 and CC19/5526.

1. You were identified as the offender from CCTV footage at a supermarket in O'Connor using one of the bankcards stolen in the burglary. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as in the middle of the mid-range of such offences.

CC19/5527 and CC19/5528

1. On 16 March 2019, you committed offences of burglary and theft at residential premises at Franklin. You gained entry by smashing a pane of glass in the front door. While in the premises you stole jewellery, electronic items and bank cards to the value of $6,450. These are charges CC19/5527 and CC19/5528.

1. You were identified as the offender from CCTV footage when you attempted to use the bankcard at a supermarket on 16 March 2019. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as at the bottom end of the mid-range of such offences.  

CC19/5529 and CC19/5530

1. On 24 March 2019, you committed offences of burglary and theft at residential premises in Harrison. You gained entry to the premises by smashing a glass sliding door. While in the premises you stole jewellery to the value of $1,000. These are charges CC19/5529 and CC19/5530 respectively.

1. You were identified as the offender by means of a shoe print found at the scene which matched a shoe print located at the scene of the burglary and theft in Franklin on

   
   

   16 March 2019. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as in the bottom-range of such offences.

CC19/8511 and CC19/8512

1. On 24 March 2019, you committed further offences of burglary and theft at residential premises in Watson. You gained entry to the premises by cutting a flyscreen and forcing a glass door open. 

1. While in the premises you stole electronic items, clothing and personal papers to the value of $550. These are charges CC19/8511 and CC19/8512. You were identified as the offender by DNA evidence. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as in the bottom-range of such offences.

CC19/5531 and CC19/5532

1. On 26 March 2019, you committed offences of burglary and theft at residential premises in Harrison. You obtained entry by damaging a glass sliding door. While in the premises you stole jewellery to the value of $1,000. These are charges CC19/5531 and CC19/5532 respectively.

1. You were identified as the offender by CCTV footage. I assess the offence of burglary as at the bottom of the mid-range of such offences and I assess the offence of theft as in the bottom-range of such offences.

CC19/6019 and CC19/6024

1. On 31 March 2019, you committed a burglary and theft at residential premises in Braddon. You gained entry to the premises by smashing a glass door.  While inside the premises you ransacked a bedroom and stole property of a value unknown but exceeding $1,500. These are charges CC19/6019 and CC19/6024 respectively.

1. You were identified as the offender by DNA evidence. I assess the offence of burglary as slightly above the border between the lower and mid-range of such offences and I assess the offence of theft as in the bottom-range of such offences.

CC19/5533 and CC19/5534

1. On 4 April 2020, you committed a burglary and theft at residential premises in Downer. It is not clear how you gained entry to the premises. While in the premises you stole jewellery and bags to the value of $50,400. These are charges CC19/5533 and CC19/5534. 

1. You were identified as the offender by CCTV footage. I assess the offence of burglary as in the bottom-range of such offences and I assess the offence of theft as towards the upper end of the mid-range of such offences.

CC19/5535 and CC19/5536

1. On 6 April 2019, you committed offences of burglary and theft at residential premises in Downer. You gained entry by forcing a glass door causing damage to the glass. While in the premises you stole electronic items, clothing, cash and personal possessions of a value exceeding $3,000. These are charges CC19/5535 and CC19/5536 respectively.

1. You were identified as the offender from CCTV footage. I assess the offences of both burglary and theft as in the bottom-range of such offences.

CC19/4181, CC19/4182 and CC19/4183

1. On 9 April 2019, you committed an offence of going equipped for theft and two offences of possession of stolen property. At about 11 am that day, police attempted to arrest you on a warrant issued by the Sentence Administration Board. You were initially able to elude police but you were found at about 11.45 am in an apartment at Turner in the ACT.

1. You were handcuffed and searched at which time a black handled flat bladed screwdriver was located in your front pocket. Police also located on you an

   
   

   ING Direct Visa Debit card which was not in your name and also two New South Wales Office of Liquor, Gaming and Racing Competency cards which were also not in your name. These are charges CC19/4181, CC19/4182 and CC19/4183. I note that the property subject of the charge CC19/4183 is part of the property stolen with respect to offence CC19/5536.

Subjective features

1. You have a lengthy criminal history in the ACT, New South Wales and Queensland. You have multiple convictions for offences of burglary and armed robbery. You have served numerous terms of imprisonment. Your criminal history disentitles you to any leniency in sentencing for the current offences.

1. A Pre-Sentence Report dated 31 July 2019 was tendered at the sentence hearing.  You are currently 57 years old. The Report notes that you have been subject to a total of

   
   

   34 years in custody. ACT Corrective Services records indicate that you have been known to them since 2004 when you transferred a Parole Order to the ACT.

1. Since that time, you have been subjected to four Parole Orders, Bail Orders and custodial sentences. You have had your parole cancelled on four occasions due to

   
   

   non-compliance or committing further offences.

1. You told the author of the Report that you are one of four siblings but your relations with your family are strained due to your life choices and the amount of time that you have spent in custody. You resided with your mother after the breakdown of your parents' marriage until you were aged 16 years, at which point you chose to reside with your father. You reported no domestic violence within the family home. Your father passed away in 2017 and your mother now resides in Queensland. You have an adult daughter from a previous marriage. You have very limited contact with your family. You are currently single and you have limited support in the ACT. 

1. After completing Year 10 at school, you obtained formal qualifications as a panel beater and spray painter. You have also worked as a house painter. Your employment history has been inconsistent due to continued periods of full-time imprisonment and problematic drug use. You expressed some interest in returning to work once stable in the community.

1. You reported your first experience with heroin at age 18 years. You used the substance on a social basis until you were 20 years old after which you used it regularly and fell into addiction. Most of your criminal history has been drug related. You did, however, report several periods, including from 1991 to 1998, when you remained drug free. This occurred due to being married and the arrival of your first child. You reported that you returned to heroin use to combat stress, anxiety and depression.

1. You have been subject to methadone treatment in custody in 2017 and again in 2019. At the time of preparation of the Report, you were receiving medication for a mental health condition, the nature of which was not disclosed in the Report. The Report assessed you as a high risk of general re-offending primarily due to your criminal history, illicit drug use, negative peer associations and financial difficulties.

1. You appeared to have little hope for the future and the author of the Report felt that you were institutionalised. It was the opinion of the author of the Report that in order to reduce your high risk of re-offending, a thorough and lengthy residential rehabilitation program may be appropriate. For this to succeed, however, you would need to be motivated to change.

1. A report dated 27 October 2019 from Dr Richard Furst, a forensic psychiatrist, provided useful information about your history and your current mental status. Dr Furst had access to a number of reports prepared by psychologists and psychiatrists in the past as well as mental health records. According to Dr Furst's report, which was not challenged by the Crown, you grew up in the inner south of Sydney and attended a number of schools in the Canterbury-Bankstown district. 

1. You struggled to fit in at school and had difficulty paying attention in class. Dr Furst believed that your symptoms were suggestive of Attention Deficit Hyperactivity Disorder (ADHD). In contrast to the information provided in the Pre-Sentence Report, you told Dr Furst that your parents had been heavy drinkers and you had been exposed to regular conflict [redacted] in the family home.

1. You were hit by a car when you were 12 years of age and spent several months in hospital. You sustained a head injury which you associate with the change in your personality.

1. You told Dr Furst that you began smoking cannabis at about 13 or 14 years of age. You also drank alcohol regularly from the age of 14 years but there was no indication that you formed any dependence on that substance. You commenced heroin use when you were about 18 or 19 years old and it has remained problematic for you throughout your adult life.

1. In terms of recent attempts at drug rehabilitation, after being released on parole on

   
   

   1 August 2017 to participate in a program at Karralika, you only managed to complete four weeks of that program before leaving and relapsing into heroin use.

1. You then committed further offences before being returned to custody for a breach of your parole on 14 October 2017. You were again released on parole on 2 January 2019.  You told Dr Furst that police attended your house on 5 January 2019 questioning you about an alleged offence from 2014. You stated that you became upset, stopped taking your medication and relapsed into heroin use. 

1. You also used methylamphetamine intermittently at that time. You began re-offending.  Since returning to custody in April 2019, you have recommenced methadone treatment and you have also been prescribed antipsychotic and mood stabilising medication. You have expressed a willingness to engage in counselling regarding childhood and prison trauma. 

1. Dr Furst noted that you have an extensive history of drug related offending. You told Dr Furst that after you escaped from prison in Queensland, you were held in solitary confinement for about 28 months including 11 months in an underground cell. Dr Furst believes that this detrimentally affected your mental health. You also reported being assaulted by prison guards resulting in fractures to your jaw and leg.

1. You were also stabbed while in custody at Goulburn prison in the 1990's and you were subject to a traumatic incident in the Alexander Maconochie Centre in January 2017. It was the opinion of Dr Furst that you are chronically and severely institutionalised. He noted that you have a history of childhood trauma, abuse and neglect including sexual abuse. 

1. He stated that you have been prone to high levels of depression and anxiety, but your history does not suggest any major mental illness in your 20s, 30s or 40s. Although you reported hearing voices in 2018 and 2019, Dr Furst did not believe that this would warrant a diagnosis of schizophrenia.

1. Dr Furst stated that you were emotionally unstable from your childhood onwards, a pattern often described as “complex Post Traumatic Stress Disorder (PTSD)”, with a more distinctive pattern of symptoms consistent with PTSD in 2017 and thereafter. He regarded as more likely than not that your long history of emotional instability and anxiety was exacerbated by the traumatic events of January 2017, leading to more pronounced symptoms of PTSD and increasing your drive to escape from unpleasant emotions and memories by using heroin.

1. Dr Furst also noted that your lack of independent living skills coupled with high levels of anxiety in the community, institutionalisation and drug addiction have contributed to relatively rapid relapses into heroin abuse and offending when released from custody.

1. With regard to your future, Dr Furst believed that you have a very high risk of

   
   

   re-offending. You are now actually more anxious about living in the community than living in custody. It is likely that you will become further institutionalised and Dr Furst stated that the available evidence from the material which he reviewed and the consistently poor choices that you have made over the last 38 years, suggests that you will likely live out your remaining years as a chronically institutionalised and psychologically impaired individual in any case.

1. If there is any hope for you to avoid this outcome it depends upon you completing a longer-term drug and alcohol rehabilitation program in a facility that accepts people on methadone treatment and your methadone treatment should be continued in the community.

Objective seriousness

1. The maximum penalties prescribed by the legislature with regard to the offences of burglary and theft, in particular, indicate that these are serious offences. Offences of burglary and theft committed in residential premises are calculated to make the owners and occupants of those premises anxious, and to engender feelings of violation and vulnerability. These feelings are exacerbated where the offences are accompanied by damage to property in the premises or the ransacking of personal belongings. 

1. All too often many of the items stolen can have little monetary value to an offender but are of great emotional significance to the victim. I am satisfied that your motive for committing these offences was to enable you to obtain illicit drugs. Ordinarily, this provides no reason to mitigate the sentences otherwise appropriate for serious criminal offending.  

1. Some amelioration of this principle, however, is appropriate where an offender was introduced to drug abuse at an early age, as occurred in your case. Instability and trauma in your childhood is likely to have been a contributor to your use of drugs in coping with stress in the community. In assessing your moral culpability, I take into account your unstable childhood and the connection between your PTSD and your almost immediate relapse into drug abuse upon your release from prison in 2017 and 2019.

1. The circumstances to which I have referred and which contributed to your offending behaviour may mitigate, somewhat, your moral culpability for the present offences but that does not automatically entitle you to receive significantly lesser sentences. The need to protect the community from your criminal conduct pulls in the opposite direction.

1. I accept it as appropriate to moderate both personal and general deterrence as sentencing considerations, but it is not appropriate to ignore them completely. At the present time your prospects for rehabilitation are bleak. That is not to say that they are non-existent. Any realistic prospect for rehabilitation depends upon you committing to changing your life, particularly by addressing your drug abuse and mental health issues and participating in a long-term residential rehabilitation program.

1. In the absence of such commitment, you are likely to spend the majority of the rest of your life in prison. There can be no doubt that immediate terms of imprisonment are the only penalties appropriate for the present offences. No other sentences available to me would be sufficient to satisfy the requirements of sentencing set out in the

   
   Crimes (Sentencing) Act 2005

   (ACT). 

1. In setting the commencement date of the sentences which I intend to impose, I take into account that two offences of burglary and two offences of theft occurred in 2017 before you were returned to custody for breaching parole and for committing a further offence of receiving stolen property. I will backdate the commencement of the sentences which I will impose, to take into account the likely aggregate sentences that would have been imposed in 2017, had the offences which occurred in 2017 and which are currently before me, been dealt with at that time.  

1. It is also appropriate that there be a significant concurrency between associated offences of burglary and theft. I must also take into account the principle of totality in determining the extent to which the sentences appropriate for individual offences are made concurrent.

Sentences

1. On charge CC19/5521, a charge of burglary, you are convicted and sentenced to

   
   

   two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 April 2019 and expiring on

   
   

   8 July 2021.

1. On the charge CC5522/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 April 2019 and expiring on 8 April 2020. 

1. On charge CC4122/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, again which I have reduced from

   
   

   three years because of your plea of guilty, commencing on 9 July 2019 and expiring on 8 October 2021.

1. On charge CC4123/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 July 2019 and expiring on 8 January 2021.

1. On charge CC4124/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 October 2019 and expiring on

   
   

   8 January 2022.

1. On charge CC4125/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 October 2019 and expiring on 8 October 2020. 

1. On charge CC1672/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 January 2020 and expiring on

   
   

   8 April 2022.

1. On charge CC1673/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 January 2020 and expiring on 8 July 2021. 

1. On charge CC7925/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 April 2020 and expiring on

   
   

   8 July 2022. 

1. On charge CC7926/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 April 2020 and expiring on 8 October 2021. 

1. On charge CC7927/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 April 2020 and expiring 8 October 2021.

1. On charge CC3220/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 July 2020 and expiring on

   
   

   8 October 2022. 

1. On charge CC4165/2019, a charge of burglary, you are convicted and sentenced to three years' imprisonment, which I have reduced from four years because of your plea of guilty, commencing on 9 March 2020 and expiring on 8 March 2023. 

1. On charge CC4126/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 March 2021 and expiring on

   
   

   8 June 2023. 

1. On charge CC4127/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing 9 March 2021 and expiring on 8 March 2022. 

1. On charge CC4128/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 June 2021 and expiring on

   
   

   8 September 2023. 

1. On charge CC4129/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 June 2021 and expiring on 8 December 2022. 

1. On charge CC4130/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 September 2021 and expiring on

   
   

   8 December 2023. 

1. On charge CC5523/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 December 2021 and expiring on

   
   

   8 March 2024.  

1. On charge CC5524/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 December 2021 and expiring on 8 June 2023. 

1. On charge CC4132/2019, a charge of burglary, you are convicted and sentenced to three years' imprisonment, which I have reduced from four years because of your plea of guilty, commencing on 9 November 2020 and expiring on 8 November 2023.

1. On charge CC4133/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 November 2020 and expiring on 8 November 2021. 

1. On charge CC8297/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years in order to reflect your plea of guilty, commencing on 9 November 2021 and expiring on 8 February 2024.  

1. On charge CC8299/2019, a charge of damaging property, you are convicted and sentenced to six months' imprisonment, which I have reduced from eight months because of your plea of guilty, commencing on 9 November 2021 and expiring on

   
   

   8 May 2022. 

1. On charge CC8658/2019, a charge of theft, you are convicted and sentenced to

   
   

   two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 November 2021 and expiring on

   
   

   8 February 2024.

1. On charge CC5525/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 February 2022 and expiring on

   
   

   8 May 2024.

1. On charge CC5526/2019, a charge of theft, you are convicted and sentenced to

   
   

   20 months' imprisonment, which I have reduced from two years and four months by reason of your plea of guilty, commencing on 9 February 2020 and expiring on

   
   

   8 October 2021.

1. On charge CC5527/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 May 2022 and expiring on

   
   

   8 August 2024. 

1. On charge CC5528/2019, a charge of theft, you are convicted and sentenced to

   
   

   18 months' imprisonment, which I have reduced from two years because of your plea of guilty, commencing on 9 May 2022 and expiring on 8 November 2023. 

1. On charge CC5529/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 August 2022 and expiring on

   
   

   8 November 2024. 

1. On charge CC5530/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 August 2022 and expiring on 8 August 2023. 

1. On charge CC8511/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, again, which I have reduced from

   
   

   three years because of your plea of guilty, commencing on 9 November 2022 and expiring on 8 February 2025. 

1. On charge CC8512/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 November 2022 and expiring on 8 November 2023.

1. On charge CC5531/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment which I have reduced from three years because of your plea of guilty, commencing on 9 February 2023 and expiring on

   
   

   8 May 2025.

1. On charge CC5532/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 February 2023 and expiring on 8 February 2024. 

1. On charge CC6019/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 May 2023 and expiring on

   
   

   8 August 2025. 

1. On charge CC6024/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 May 2023 and expiring on 8 May 2024.

1. On charge CC5533/2019, a charge of burglary, you are convicted and sentenced to two years and three months' imprisonment, which I have reduced from three years because of your plea of guilty, commencing on 9 August 2023 and expiring on

   
   

   8 November 2025. 

1. On charge CC5534/2019, a charge of theft, you are convicted and sentenced to

   
   

   two years and three months’ imprisonment, commencing on 9 August 2023 and expiring on 8 November 2025.

1. On charge CC5535/2019, a charge of burglary, you are convicted and sentenced to two years and three months’ imprisonment, commencing on 9 August 2023 and expiring on 8 November 2025.

1. On charge CC5536/2019, a charge of theft, you are convicted and sentenced to

   
   

   12 months' imprisonment, which I have reduced from 16 months because of your plea of guilty, commencing on 9 August 2023 and expiring on 8 August 2024. 

1. On charge 4181/2019, a charge of going equipped for theft or burglary, you are convicted and sentenced to nine months' imprisonment, which I have reduced from

   
   

   12 months because of your plea of guilty, commencing on 9 August 2023 and expiring on 8 May 2024. 

1. On charge 4182/2019, a charge of possession of stolen property, you are convicted and sentenced to one month’s imprisonment, commencing on 9 August 2023 and expiring on 8 September 2023.  

1. On charge 4183/2019, also a charge of possession of stolen property, you are convicted and sentenced to one month's imprisonment, commencing on 9 August 2023 and expiring on 8 September 2023. 

1. The aggregate sentence which I have, therefore, imposed is one of six years and seven months' imprisonment, commencing on 9 April 2019 and expiring on 8 November 2025.  

1. I will set a non-parole period of approximately 60 per cent of that head sentence, being four years. The non-parole period will commence on 9 April 2019 and expires on

   
   

   8 April 2023.

1. I recommend that the Sentence Administration Board consider your progress with regard to rehabilitation from drug addiction in custody in determining the date of your release on parole and also consider requiring you, as part of any release on parole, to engage in a structured residential rehabilitation program.

I certify that the preceding one-hundred and twenty-six [126] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: