Kalmar v R
20 September 2000 - Angel ACJ, Bailey and Riley JJ

The applicant pleaded guilty to 18 counts of aggravated unlawful entry of a building, 18 counts of stealing, seven counts of aggravated criminal damage and two counts of aggravated unlawful use of a motor vehicle. The value of the property stolen or damaged was in excess of $120,000.00.

Very little of the property stolen was recovered. Little explanation was offered for the commission of the offences. The offences of unlawful entry were characterised by the destruction of personal possessions of the victims within the residences.

The applicant who was aged 18 years at the time of the commission of the offences had an extensive prior criminal history for similar offences. A co-offender involved in several of the offences was dealt with in the Court of Summary Jurisdiction. The co-offender had no prior criminal history.

The applicant was sentenced to five years and eight months imprisonment. A non-parole period of two years and ten months was fixed.

The applicant applied for leave to appeal on the grounds that:

1. the sentencing judge gave undue weight to the applicant's substantial prior record of offending

2. the sentencing judge attached undue weight to the applicant's age of 18 years as compared to the co-offender's age of 17½ years

3. the court attached insufficient weight to the principles of parity

4. the court attached insufficient weight to the applicant's prospects of rehabilitation

5. the court failed to have regard to the principle of totality.

The court unanimously refused leave to appeal. The respondent was not called upon to make oral submissions.