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Key decisions

  • Whereat v Rex [2026] NSWCCA 73
  • Paulley v R [2026] NSWCCA 75

Whereat v Rex [2026] NSWCCA 73

Sentencing – break, enter and steal – guideline judgment in doubt

In this decision, the Court of Criminal Appeal (‘CCA’) renewed its caution about the guideline judgment for break, enter and steal. The Court suggested the decision should be revised or revoked, and reiterated that any mention of the decision should be accompanied by significant and explicit acknowledgments of its limitations, given its history.

The applicant pleaded guilty to two break and enter offences and was sentenced in the District Court to three years with a non-parole period of one year and eight months.

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