AI-generated summaries. Not legal advice. Always verify against the official judgment on NSW Caselaw.
← All decisions
District Court 12 June 2026

R v Morgan

[2026] NSWDC 285

Other
CRIME SENTENCE BREAK ENTER AND STEAL STEAL FROM DWELLING AND BREAK OUT DRIVE UNDER INFLUENCE OF DRUGS POLICE PURSUIT

Citation: R v Morgan [2026] NSWDC 285
Court: District Court of New South Wales
Date: 12 June 2026
Judge(s): Bourke SC DCJ

Background

The offender, Mr Dane Morgan, appeared for sentence on a large number of offences committed across the Albury region in early 2024. The offences spanned residential break and enters (committed on multiple consecutive days in January and February 2024), an attempted entry of a dwelling, driving under the influence of drugs, failing to stop for police during a dangerous pursuit, possession of a taser-type device, possession of a small quantity of heroin, and possession of child abuse material.

The break and enter offences involved the offender targeting unoccupied homes during the day, forcing entry through windows or doors, ransacking premises, and stealing jewellery, electronics, alcohol, currency and other personal property. In at least one instance, DNA from a crowbar left at the scene matched the offender. Some stolen items were later recovered from his girlfriend's premises and returned to victims.

The offender pleaded guilty at the earliest opportunity across all matters. His plea attracted a 25 percent discount for the utilitarian value of that cooperation.

  • What sentences were appropriate across each of the numerous offences, having regard to the maximum penalties, standard non-parole periods (where applicable), and the offender's early guilty pleas?
  • How should the totality principle apply when sentencing for a large volume of offences committed as part of a course of conduct, alongside distinct and serious separate offences?
  • How should offences subject to the Local Court jurisdictional limit (under s 166 of the Criminal Procedure Act 1986) be treated in the overall sentencing exercise?
  • What licence disqualification periods applied to the driving offences?

Decision

Guilty plea discount: His Honour accepted that the 25 percent discount applied across all offences, reflecting the offender's pleas at the earliest opportunity. The discounted indicative sentences were set out for each matter individually before the aggregate was addressed.

Indicative sentences: After applying the discount, the indicative terms included: two years and two months for each of the five break and enter offences in H 559; 13 months for the enter land with intent offence; two years and two months to two years and six months for the remaining break and enter offences across H 089, H 183 and H 347; 16 months for the child abuse material offence; 17 months for the police pursuit (incorporating the goods in custody Form 1); 16 months for the taser possession (incorporating the heroin Form 1); and a conviction with no further penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999 for the drug driving offence, given the Local Court sentencing cap.

Totality: His Honour acknowledged that totality considerations were significant given the volume of offending. Where break and enter offences occurred on the same day, the court treated them as part of a course of conduct and reduced the degree of accumulation accordingly. However, the child abuse material offence and the police pursuit were treated as clearly separate and serious matters warranting a material degree of notional accumulation.

Final sentence: The court imposed a head sentence of nine years' imprisonment, with a non-parole period of five years and three months. Both terms date from 21 August 2024, with the head sentence expiring on 20 August 2033 and the non-parole period on 20 November 2029. A five-year licence disqualification was ordered in respect of the driving offences.

Orders Made

  • Head sentence of nine years' imprisonment, dating from 21 August 2024 (expiring 20 August 2033)
  • Non-parole period of five years and three months, expiring 20 November 2029
  • Conviction recorded for the drug driving offence with no further penalty (s 10A, Crimes (Sentencing Procedure) Act 1999)
  • Licence disqualification for a period of five years

Key Takeaways

  • The District Court applied the totality principle to reduce the overall accumulation of sentences where multiple break and enter offences formed part of a continuous course of conduct, while still separately recognising distinct offences such as police pursuit and child abuse material possession.
  • A 25 percent guilty plea discount applied uniformly across all matters where the offender entered pleas at the earliest opportunity, consistent with established New South Wales sentencing practice.
  • Where offences fell within the Local Court's jurisdictional limit by operation of s 166 of the Criminal Procedure Act 1986, the sentencing court was constrained by that two-year cap regardless of the higher maximum penalties otherwise applicable (including the taser offence, which carries a 14-year maximum and a standard non-parole period of five years).
  • Form 1 matters (goods in custody and heroin possession) were taken into account on the principal offences of police pursuit and taser possession respectively, rather than attracting separate penalties.
  • The child abuse material offence and the police pursuit were identified as warranting particular weight in the sentencing exercise, contributing meaningfully to the degree of notional accumulation applied to reach the final head sentence.

Legislation and Cases Referenced

Legislation
- Child Protection (Offenders Registration) Act 2000
- Crimes Act 1900
- Crimes (Sentencing Procedure) Act 1999
- Criminal Procedure Act 1986
- Road Transport Act 2013
- Weapons Prohibition Act 1998

Cases
- Brown v R [2014] NSWCCA 335
- Bugmy v The Queen [2013] HCA 37
- MacBlane v R [2025] NSWCCA 52
- R v Henry and Ors [1999] NSWCCA 111
- R v Hutchinson [2018] NSWCCA 152
- R v Ponfield (1999) 48 NSWLR 327
- SS v R [2009] NSWCCA 114
- Whereat v Rex [2026] NSWCCA 73