R v Alexander Carl PARKES [2007] NSWDC 376

R v Alexander Carl PARKES [2007] NSWDC 376

Although the offence was serious and required a custodial sentence, Mr Parkes' culpability was less than Mr Shearer's because he acted as lookout, had a less serious record, was not sentenced as being armed or aware that Mr Shearer would use a syringe, and pleaded guilty at the first available opportunity. Taking account of rehabilitation prospects, employment, remorse and parity with Mr Shearer, a two-year term of imprisonment was appropriate and could be suspended on a good behaviour bond with supervision and treatment conditions.

Jurisdiction
Australia
Judgment Date
25 May 2007
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment for 2 years, suspended under s 12 upon entering into a good behaviour bond for 2 years.
Legal Topics
['accessory After the Fact' 'break, Enter and Steal' 'circumstances of Aggravation' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Use' 'parity in Sentencing']
['criminal Law' 'sentencing'] ['accessory After the Fact' 'break, Enter and Steal' 'circumstances of Aggravation' 'suspended Sentence' 'good Behaviour Bond' 'drug and Alcohol Use' 'parity in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for being an accessory after the fact to break, enter and steal in circumstances of aggravation.' "Whether the offender's custodial sentence should be suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999." "How the offender's sentence should compare with the sentence imposed on Mr Shearer."]

Ratio Decidendi

Although the offence was serious and required a custodial sentence, Mr Parkes' culpability was less than Mr Shearer's because he acted as lookout, had a less serious record, was not sentenced as being armed or aware that Mr Shearer would use a syringe, and pleaded guilty at the first available opportunity. Taking account of rehabilitation prospects, employment, remorse and parity with Mr Shearer, a two-year term of imprisonment was appropriate and could be suspended on a good behaviour bond with supervision and treatment conditions.

Court Disposition

Sentenced to imprisonment for 2 years, suspended under s 12 upon entering into a good behaviour bond for 2 years.

Orders

  • ['The offender is sentenced to imprisonment for a period of two years.' 'Under s 12 of the Crime (Sentencing Procedure) Act the imprisonment is suspended for a period of two years upon the offender entering into a good behaviour bond for that period.' 'The offender is to be of good behaviour.' 'The offender is to...