Australia, May 25 -- New South Wales Land and Environment Court issued text of the following judgement on April 24:
1. 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.
2. 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
3. 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.
4. In addition, at the sentence hearing the offender pleaded guilty to two charges of Be Carried in Conveyance Taken Without the Consent of the Owner which attaches to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986. As I observed at the sentence hearing the appropriate disposition of those matters is an order pursuant to s 10A of the Sentencing Act, recording a conviction and imposing no further penalty.
5. Given the number of charges I will deal with the seriousness of the matter after reciting the facts for that matter.
Facts
6. The facts are before the court by way of a statement of agreed facts. The offender was born on 26 June 1996 and accordingly is now 28 years of age. There were two co-offenders AC and BM, both of whom were juveniles at the time of the offending.
7. The facts recite that on 12 December 2023 the offender and two co-offenders went on a "crime spree" in the early hours of the morning. They travelled within a radius of approximately 21 km which appears to have started at Gobbagombalin at 3:35 am and finished at Kapooka at 6:22 am.
8. Going initially to sequence 1, on 12 December at approximately 3:45 am, the offender and co-offenders jumped the fence to enter the backyard of 1 Kentucky Place, Gobbagombalin. At about 10 pm on Monday, 11 December 2023 the owner of the property, Kevin Usares, who lives there with his wife and children secured the premises before going to bed. His vehicle was parked on the median strip outside his house and the keys to the car were inside his wife's handbag which was in the living room. A spare key to the car is kept in the kitchen.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19664fe64e95dbba92cf03e7)
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