R v Camarse [2022] NSWDC 622

R v Camarse [2022] NSWDC 622

The appropriate sentence for aggravated break and enter in the circumstances, taking into account the offender's prior record, period of quasi custody, low objective seriousness, and ongoing rehabilitation, is 18 months imprisonment to be served by way of Intensive Corrections Order with a community service condition.

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to 18 months imprisonment by way of Intensive Corrections Order with 250 hours community service.
Legal Topics
['aggravated Break and Enter' 'sentencing' 'objective Seriousness' 'drug Addiction and Offending' 'intensive Corrections Order']
['criminal Law'] ['aggravated Break and Enter' 'sentencing' 'objective Seriousness' 'drug Addiction and Offending' 'intensive Corrections Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated break and enter with intent to steal under s 111(2) Crimes Act 1900 (NSW)?' "Does the offender's personal circumstances and prior record affect the sentence?" 'Should the sentence be served by way of Intensive Corrections Order (ICO)?']

Ratio Decidendi

The appropriate sentence for aggravated break and enter in the circumstances, taking into account the offender's prior record, period of quasi custody, low objective seriousness, and ongoing rehabilitation, is 18 months imprisonment to be served by way of Intensive Corrections Order with a community service condition.

Court Disposition

Convicted and sentenced to 18 months imprisonment by way of Intensive Corrections Order with 250 hours community service.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of 18 months, to be served by way of Intensive Corrections Order (ICO).' 'The offender is to be subject to the standard conditions of ICO.' 'Additional condition: the offender undertake 250 hours community service.']