Citation: R v Raymond William Oxby [2018] NSWDC 272
Court: District Court of New South Wales
Date: 26 September 2018
Judge(s): Mahony SC DCJ
Background
The offender, a 53-year-old man with an extensive criminal history spanning several decades, appeared for sentencing on four charges of break and enter a dwelling house or building with intent to commit a serious indictable offence, contrary to s 112(1)(a) of the Crimes Act 1900. The offences occurred across four separate residential premises in Randwick, Stanmore, and Collaroy between February and April 2017. Items stolen included jewellery, watches, cash, and an iPad; DNA evidence linked the offender to two of the break-ins.
The offences were committed while the offender was on parole. His parole was revoked on 31 March 2017, and he was arrested on 7 April 2017. Upon arrest, police found a stolen iPad in his backpack and a small quantity of heroin on his person. These two matters were placed before the court on a Form 1 (a mechanism under NSW sentencing law by which additional offences are acknowledged and taken into account without attracting separate penalties).
The offender entered early guilty pleas to all four principal charges and admitted the Form 1 matters. He had a long history of heroin dependence and dishonesty offences, and had spent much of the previous 20 years in custody.
Legal Issues
- What aggregate sentence was appropriate for four residential break-and-enter offences committed by a serial offender with an extensive criminal history?
- What weight should be given to the offender's subjective circumstances, including his history of drug dependence, dysfunctional upbringing, psychological profile, and expressed remorse?
- What discount applied for the early guilty pleas?
- Whether special circumstances existed under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 to adjust the ratio between the non-parole period and the balance of term?
Decision
Mahony SC DCJ characterised the offending as objectively serious, noting that residential burglaries carry a maximum penalty of 14 years imprisonment and that four separate offences were committed over a short period while the offender was on parole. The court described the offender's criminal antecedents as "appalling," observing that he was a recidivist at real risk of institutionalisation.
The court accepted the offender's subjective circumstances as genuine mitigating factors. A psychologist's report confirmed a diagnosis of Opioid Use Disorder and indications of Major Depressive Disorder. The offender had experienced significant disadvantage including a chaotic childhood, sexual abuse in youth detention, and lifelong heroin dependence from age 13. The court accepted that heroin dependency had driven the offending, but noted this did not diminish personal culpability.
A 25 percent discount was applied to each indicative sentence to reflect the early guilty pleas. The resulting indicative sentences were three years for each of the two earlier offences and two years for each of the two April offences. The court then imposed a single aggregate sentence of five years, comprising a non-parole period of two years and nine months.
The court found special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999, extending the balance of term beyond the statutory default. This was justified by the offender's need for structured drug and alcohol rehabilitation and relapse prevention support upon release. The court also recommended the offender's admission to the Compulsory Drug Treatment Program at Parklea Gaol at the earliest opportunity.
Orders Made
- Conviction entered on four counts of break and enter a dwelling house or building and commit a serious indictable offence, contrary to s 112(1)(a) of the Crimes Act 1900 (offences committed 14 February, 12 March, 6 April, and 7 April 2017).
- Aggregate sentence of five years imprisonment, with a non-parole period of two years and nine months commencing 6 July 2017 and terminating 5 April 2020; balance of term of two years and three months commencing 6 April 2020 and terminating 5 July 2022.
- Form 1 matters (possession of a prohibited drug and receiving stolen property) certified and taken into account.
- Recommendation to the Department of Corrective Services that the offender be admitted to the Compulsory Drug Treatment Program at Parklea Gaol at the earliest opportunity.
Key Takeaways
- The District Court applied a 25 percent sentencing discount for early guilty pleas across all four charges, consistent with the reduction available under the Crimes (Sentencing Procedure) Act 1999.
- A finding of special circumstances under s 44(2) permitted the court to extend the balance of term beyond the usual statutory ratio, where the offender's long-term drug dependence and rehabilitation needs warranted a longer supervision period post-release.
- Extensive criminal history and offending on parole were significant aggravating factors that weighed heavily in the assessment of objective seriousness.
- Accepted subjective circumstances including an opioid use disorder, a severely disadvantaged background, and genuine remorse were treated as mitigating factors, though they did not displace personal culpability for the offending.
- Form 1 matters (possession of heroin and receiving stolen property) were certified and taken into account in the aggregate sentence rather than attracting separate penalties, a standard procedural mechanism under NSW sentencing law.
Legislation and Cases Referenced
Legislation:
- Crimes Act 1900 (NSW), s 112(1)(a) (break and enter dwelling house or building), s 188(1) (receiving stolen property)
- Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) (special circumstances)
- Drug (Misuse and Trafficking) Act 1985 (NSW), s 10(1) (possession of prohibited drug)
Cases cited: No cases were cited in the published judgment.