Our client, Daniel*, was facing four serious charges after a string of property offences carried out while he was already on parole. He also had a lengthy criminal history behind him, with significant physical and mental health conditions.
When police arrested him, he was taken to hospital before being remanded in custody. His parole was revoked shortly after.
On the numbers alone, Daniel’s matter looked headed for another full-time prison sentence. Our criminal lawyers took a different approach, one built around addressing what was driving the offending rather than simply responding to it.
Property offences in Sydney
Daniel’s charges arose from a series of incidents in which he entered several properties and took belongings. After that, he then used some of the stolen cards to make purchases.
In at least one incident, he entered a home while the occupants were present. All of this happened while he was subject to an existing parole order. That order was revoked once the new offending came to light.
Break and entering charges
Daniel was charged with:
- break and enter under section 112(1)(a) of the Crimes Act 1900 (NSW),
- dishonestly obtaining a financial advantage by deception under section 192E(1)(b),
- aggravated enter dwelling in company and steal under section 109(2),
- and entering a building or land with intent under section 114(1)(d).
Serious offences in NSW. Together, the charges reflected a pattern of offending across multiple properties. Given his prior record and the fact he was on parole at the time, Daniel was facing a genuine prospect of returning to full-time custody.
Defending break and entering charges
Rather than treat the matter as a straightforward plea and sentence, our criminal defence lawyers looked closely at what sat behind Daniel’s offending. Our top Criminal Solicitor, Wilson Tighe, reviewed his health conditions and history.
Wilson identified the Walama List as a genuine option.
What is this?
The Walama List is a therapeutic sentencing procedure run through the District Court of NSW. It is designed to address the underlying causes of offending, instead of defaulting to a prison sentence.
Instead of proceeding straight to sentence, Tighe applied for bail and a section 11 sentence deferral so our client could be assessed for the program. That meant preparing detailed submissions on his health, his history and his willingness to engage with treatment.
We stayed closely involved with Daniel’s file as he worked through the Walama program over the following twelve months, tracking his progress and preparing for the sentence hearing that would follow.
What is an Intensive Corrections Order?
An Intensive Corrections Order (ICO) is a sentence of up to two years served in the community under strict conditions, rather than in full-time custody. It can include supervision, treatment programs, community service and curfews.
Breaching an ICO can see the offender sent to prison to serve the balance.
The outcome
After engaging with the Walama program, Daniel returned to the District Court of NSW for sentence. Given his sustained engagement with treatment and the progress he had made, he was sentenced to an Intensive Corrections Order of under two years. This meant that he did not have to return to custody.
It was a strong outcome given the length and seriousness of his prior record. It also reflected the real difference that engaging with treatment before sentence can make.
Research from the NSW Bureau of Crime Statistics and Research has found that offenders given an Intensive Corrections Order had between 11 and 31 per cent lower odds of reoffending than those given a prison sentence of up to 24 months.
Read more of our criminal law case studies.
*We always change the names and other identifiable details in case studies to protect client privacy.
Facing multiple break and enter charges or worried a prior record will count against you?
A lengthy criminal history does not automatically mean a full-time prison sentence is the only outcome available, particularly where genuine engagement with treatment can be shown to the court.
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Past results do not guarantee future outcomes. Every case is assessed on its individual merits.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
