DPP v Dunn

Facts

4. The offending for which you are being sentenced for today occurred on the evening of 27 November 2024 and the morning of 28 November 2024. At the time of offending, you were on parole for other theft and burglary offences, and on bail for fresh driving offences.

5. You attended Belconnen Police Station at around 1:13pm on 27 November 2024 and reported that your dark blue Ford Fiesta had been stolen between 8 October 2024 and 27 October 2024. This was a lie.

Pure Gelato ACT (CAN 11914/2024)

6. At about 8:05pm on 27 November 2024, you are recorded on CCTV exiting your Ford Fiesta in close proximity to the Pure Gelato ACT shop. You attempted to jimmy open the locked front door using a tool approximately 5 cm in length. When this was unsuccessful, you turned around and used the heel portion of your right foot to kick the door multiple times, causing the lower half of the door to shatter.

7. You entered the store and discovered there was no cash in the till. You then exited the store at around 8:09pm without taking any items and left in your Ford Fiesta.

8. CCTV of this incident was provided by the owner of the business to ACT Police.

Funland Canberra (CAN 11905/2024)

9. You parked your Ford Fiesta in the carpark at Funland Canberra at about 12:09am on 28 November 2024. You attempted to use a screwdriver to forcibly open the door to this store. This was unsuccessful. You then repeatedly kicked and shoved the glass panel of the door, causing it to shatter and break.

10. You entered the premises, rummaged through the staff area and left without taking any items.

11. CCTV of this incident was provided by the owner of the business to ACT Police.

Floorworld Pty Ltd (CAN 11913/2024)

12. At about 12:20am, you attempted to use a screwdriver to forcibly open the door of Floorworld Pty Ltd, a business approximately 48 m from Funland. When the screwdriver proved unsuccessful, you used your elbow and shoulder to repeatedly bash against the glass panel of the door causing it to shatter. You then reached through the opening in the door to open the door from the inside.

13. You entered the store and rummaged through the counter area before leaving a short time later with nothing in your possession.

14. CCTV of this incident was provided by the owner of the business to ACT Police.

15. The owner of the business estimated the cost of remediating the damage to be around $5,000.

Your Studio CBR (CAN 11907/2024)

16. Immediately after leaving Floorworld, you used a brick to smash the front glass door of Your Studio CBR. Your Studio CBR is located next door to Floorworld. You then proceeded to enter and rummage through the store before leaving a short time later.

17. The incident at Your Studio CBR was captured on the CCTV footage provided by Floorworld.

Capital Liquor and Beverage Pty Ltd (CAN 11912/2024)

18. At about 12:33am on 28 November 2024, you drove the Fiesta into the rear carpark of Capital Liquor and Beverage Pty Ltd located at unit 1/37 Dacre Street, Mitchell ACT and attempted to pry open the back windows and doors with an object. In so doing, you put a hole in the external wall of the building. You failed to gain entry to the building.

19. CCTV of this incident was provided by a shared owner of the business to ACT Police. Fair Dinkum Builds (CAN 11911/2024)

20. At about 12:37am on the same date, you walked across the road from Capital Liquor and Beverage Pty Ltd and approached Fair Dinkum Sheds Canberra located at 42 Dacre Street, Mitchell ACT. You tampered with the front doors for some time before gaining entry. You rummaged through the store before leaving a short time later.

21. The area around the lock on the wooden door was splintered and damaged as a result of your actions.

22. The incident was captured by the CCTV footage from Capital Liquor and Beverage Pty Ltd.

Gdance Academy (CAN 11916/2024)

23. At about 12:50am, you approached the front glass door of Gdance Academy located at 1/66 Dacre Street, Mitchell ACT and used a tool to pry the door open. You entered and rummaged through the studio before leaving a short time later.

24. CCTV footage was provided by the owner of the business to ACT Police.

Happy Days Enterprises Pty Ltd (CAN 11915/2024)

25. Immediately after leaving Gdance Academy, you walked towards Happy Days Event Hire, located at 4/66 Dacre Street, Mitchell ACT. You returned a short time later holding a calico bag.

26. At about 3:29am, the owner of Happy Days Event Hire attended the location after being notified of a break-in. She identified the front glass doors as having been smashed open and about $7,000 in cash and coins missing from the store. A significant amount of these coins had been stored in an ANZ branded canvas bag.

27. Forensics were conducted at this location and a Stanley branded yellow and black screwdriver was located on the office floor. This item was seized and a subsequent forensic examination revealed extremely strong support for the proposition that you were the source of a DNA profile obtained from a swab taken from the handle of the screwdriver.

28. You were observed in the CCTV footage collected by police to be wearing the same clothing in all of the above-mentioned incidents. Pro Metalwork (CAN 11906/2024)

29. Pro Metalwork is located at 2/15-17 Tooth Street, Mitchell ACT. The store alarm was activated at around 5:00-5:30am on 28 November 2024. Later that morning, staff attended the office and observed that the laminated glass door had been pushed in, creating enough room for a hand to slip through the gap between the door and the building. A drawer and lockers in the store had been rummaged through, with items strewn on the floor. No items were identified as having been taken from the office.

Co Built and Constructed (CAN 11910/2024)

30. At about 8:00am on 28 November 2024, Mr Scott Harris left his office located at unit 3/13 Townsville Street, Fyshwick ACT to attend a worksite. Mr Harris is an independent construction worker who shares the office with one other employee. Both Mr Harris and his employee had left the office in a secured state. Mr Harris is the sole owner of a 6th generation iPad Pro serial number L7LPKH6L2V (the iPad Pro).

31. At about 12:30pm, you drove your Ford Fiesta into 13 Townsville Street, Fyshwick ACT. You entered unit 3/13 Townsville Street. You proceeded to walk behind the office desk and removed the iPad Pro. CCTV footage from unit 3 captured your movements.

32. At 12:39pm, you opened the passenger door to your Ford Fiesta, placed Mr Harris’ iPad Pro on the passenger seat, entered the vehicle via the driver’s door and reversed out of the complex. Mr Harris did not give you consent to remove his property.

Objective Seriousness

33. In R v McHughes (No 3) [2021] ACTSC344 at [28], Refshauge AJ identified the following factors as being relevant to the assessment of objective seriousness for burglary: (a) The nature of the property entered by the offender as a trespasser is relevant. The most serious is when the property is residential. Entry into commercial premises is serious, but less so. The consideration, however, is not binary. For example, the underground carpark of a residential apartment complex is not as serious a property to enter as an apartment itself or, of course, a house. Similarly, a residence under construction but not occupied would not attract the same seriousness as an occupied residence. By the same token, commercial premises in an apartment block would have some characteristics as a residence and may, depending on those circumstances, justify a more serious view of the offence; (b) Whether any damage was committed on entry or while the offender was on the premises, such as vandalism, scattering property around and the like, which will aggravate the offence. Noting, of course, that if such damage is separately charged, there will need to be at least a significant degree of concurrency in the sentences imposed; (c) Whether the occupants were, or were likely to be, on the premises at the time, which is an aggravating feature especially if the occupants are vulnerable persons such as elderly persons, sick or disabled persons or children; (d) Whether there is any confrontation between an occupant, or occupants, and the offender, which would also constitute an aggravating feature and more aggravating if the offender knows of the presence of such persons and the likelihood of a confrontation; (e) The motivation for the burglary, which may or may not aggravate the offence or, perhaps, even mitigate it; (f) Whether there was any premeditation, planning or organisation in the way the offence was committed, especially if committed with professional organisation or execution, which would be aggravating;(g) If the offence has been committed on the premises before or repeatedly, this will also constitute a matter of aggravation; and (g) The actual trauma suffered by the occupants of the premises, whether present or not, will also amount to an aggravating factor.

34. Your offending took place at commercial premises, and you occasioned damage to all but two of the properties. Your offending was motivated by your desire to obtain money for drugs and there was limited evidence of planning aside from you reporting your vehicle as being stolen and bringing an implement to assist you in gaining entry to the properties, being a screwdriver. Your own counsel described the burglaries you committed as “hopelessly unsophisticated to the point of ineptitude”.

35. I consider the offending contained in CAN 11915/2024, CAN 11906/2024 and CAN 11910/2024 to be more serious than the other offending. In CAN 11915/2024, you took approximately $7,000 in cash from the premises. In CAN 11906/2024, you entered a commercial factory at 5:30am, a time where it was possible for workers to be present. In CAN 11910/2024, you entered the premises during the day time, took an iPad and went into the office, increasing the likelihood that you would encounter a worker. As such, a more significant period of imprisonment is appropriate for these charges than the other charges of burglary and attempted burglary.

Subjective Circumstances

36. Your subjective circumstances are set out in an intensive correction order assessment report and a psychiatric report of A/Prof Quadrio dated August 2024.

37. You have an extensive criminal history spanning multiple decades and multiple states and territories. Your offending in the ACT commenced in 1987 when you were a young person with a large number of offences including burglary, driving offences and destruction of property committed before you reached adulthood. You were also convicted of multiple offences across NSW and Queensland in the 1990s when you were still young. You have also been convicted of a series of offending that occurred in Western Australia in 2006 relating to offences of burglary, stealing a moto vehicle and stealing. Your ACT criminal history alone spans 45 pages and 38 years, with burglary and theft charges representing a high proportion of your offending.

38. I have taken into account the comments of A/Prof Quadrio. Although now the subject of a civil claim, it was submitted that you were abused by a female officer while at Quamby Youth Detention Centre and the female officer continued to pursue a relationship with you until you were able to move to Queensland. I accept that this abuse has had a lifelong effect on you and that you still suffer consequences including alienation from and distrust of society in general and of people in authority in particular.

39. I have also taken into account the application of Bugmy, Henry and Verdins principles. I accept that the sexual assault you suffered in custody has substantially contributed to your mental health issues and substance abuse. A/Prof Quadrio has identified that you suffer from complex post-traumatic stress disorder, chronic anxiety disorders, chronic depressive disorder, polysubstance use and enduring personality change. While A/Prof Quadrio stated that “at this time, [you] are so completely institutionalised and so alienated from mainstream society that such integration will be challenging” in her report dated 30 August 2024, your Counsel submitted that your improved understanding of your complex post-traumatic stress disorder and your ongoing civil action should give the Court hope for your prospects of rehabilitation.

Conditional Liberty

40. According to the ICOAR prepared for this proceeding, you have been subject to Parole Orders on numerous occasions between 1997 and 2020 and Service records indicate mixed compliance largely due to illicit substance use, failing to report for supervision and re-offending.

41. On 5 October 2022, you were sentenced to a term of two years and four months’ imprisonment for two counts of burglary and two counts of theft. On 4 December 2023, you were further sentenced to a term of two years’ four months’ imprisonment for burglary, destroying/damaging property not exceeding $5,000 and theft. In December 2023, you were sentenced to imprisonment for the new offences, with a total period of imprisonment of two years and four months commencing on 22 March 2025. Your non-parole period ended on 8 October 2024. You were granted parole by the Sentence Administration Board of the ACT on 17 October 2024. As part of your parole order, you were subject to conditions, including that you must not commit an offence against ACT or Commonwealth law that is punishable by imprisonment. At this time, your parole would have concluded on 21 July 2027.You were released on parole on 18 October 2024. You were arrested on 30 October 2024 for new charges and were bailed. Breach action was initiated by ACT Corrective Services on 20 November 2024 in relation to illicit substance use. It is noted the breach report states you disclosed attending the casino and commencing illicit substance use on the day of your release from custody. You were arrested for the offences you are currently being sentenced for on 29 November 2024 and you have remained in custody since that date.

42. A further Breach of Parole Report was sent on 4 December 2024, in relation to a further positive drug test prior to your arrest. Your Parole Order was cancelled on 14 January 2025. Your behaviour during your current custodial period was deemed by ACT Corrective Services to be unsatisfactory. You have received multiple negative case notes and four disciplines within a twelve-month period.

43. As your offending occurred within 3 months of your release on parole and I am not satisfied that there are special circumstances to warrant it, s 161D of the Crimes (Sentencing Administration) Act 2005 (ACT) prevents me from taking parole time credit as time served against your parole sentence.

Consideration

44. The prosecution has submitted that the salient purposes of sentencing in this matter are general and specific deterrence, the protection of the community, accountability and denunciation. The prosecution has submitted that it is appropriate to be guarded regarding your prospects of rehabilitation due to your history of offending and poor compliance with court orders. The defence submitted that your reduced moral culpability moderates the weight to be given to the considerations of general deterrence and denunciation.

45. I accept that the s 10 threshold has been crossed.

46. You are a sentenced prisoner until 21 July 2027 and, as such, you are not eligible for a drug and alcohol treatment order as per s 12A(1)(c) of the Crimes (Sentencing) Act 2005 (ACT). I am also prevented from making an intensive correction order by s 80 of the Crimes (Sentencing) Act 2005 (ACT) as an ICO cannot be served concurrently or consecutively with a sentence of full-time imprisonment. Concurrency

47. In their written submissions, the prosecution quoted Christensen AJ in DPP v Matthews [2025] ACTSC 11 at [37], where her Honour said: “Indeed, the totality principle is of application with respect to the entire sentencing exercise, with the offending occurring over what can be characterised as a “crime spree” involving numerous victims. The sentences to be imposed are to recognise the harm to each victim, while also ensuring that the overall sentence is not a crushing one. A level of concurrency in the orders is appropriate.”

48. I accept that your offending occurred over the course of a 24-hour period and formed part of a singular “crime spree”. As a result, a high degree of concurrency is appropriate in your sentence.

Non-Parole Period

49. You are a sentenced prisoner until 21 July 2027. The commencement of that sentence is 9 April 2021. I must enforce a single non-parole period for the entirety of your operative terms of imprisonment. That non-parole period will commence on 9 April 2021.

50. As your total sentence will be at least one year or longer, I am required by s 65(2) of the Crimes (Sentencing) Act 2005 (ACT) to set a non-parole period.

51. The imposition of this sentence today will automatically cancel the non-parole period set for your existing sentence, and the non-parole period I set today will apply for both your existing sentence and the sentence I hand down today: s 66 Crimes (Sentencing) Act 2005 (ACT).

Time in Custody

52. You have served 519 days in pre-sentence custody, including 47 days solely referable to the present offending. To reflect this, your sentence for these offences, which would have otherwise commenced on 30 November 2026, will commence on 14 October 2026.

Orders

53. The orders of the Court are: (1) On the charge of burglary (CAN 11905/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (2) On the charge of burglary (CAN 11906/2024), you are convicted and sentenced to 47 months and two days’ imprisonment, reduced by 15% to 40 months’ imprisonment, commencing on 14 October 2026 and ending on 13 February 2030. (3) On the charge of burglary (CAN 11907/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (4) On the charge of burglary (CAN 11910/2024), you are convicted and sentenced to 47 months and two days’ imprisonment, reduced by 15% to 40 months’ imprisonment, commencing on 14 October 2026 and ending on 13 February 2030. (5) On the charge of burglary (CAN 1911/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (6) On the charge of attempted burglary (CAN 11912/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (7) On the charge of burglary (CAN 11913/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (8) On the charge of burglary (CAN 11914/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (9) On the charge of burglary (CAN 11915/2024), you are convicted and sentenced to 47 months and two days’ imprisonment, reduced by 15% to 40 months’ imprisonment, commencing on 14 October 2026 and ending on 13 February 2030. (10) On the charge of burglary (CAN 11916/2024), you are convicted and sentenced to 35 months and ten days’ imprisonment, reduced by 15% to 30 months’ imprisonment, commencing on 14 October 2026 and ending on 13 April 2029. (11) The non-parole period is reset to commence on 9 April 2021 and end on 8 May 2027.

I certify that the preceding fifty-three [53] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Acting Justice Slattery.

Associate: Date: 2 April 2026