R v Merheb [2020] NSWDC 385

R v Merheb [2020] NSWDC 385

An aggregate sentence of 5 years 6 months imprisonment is appropriate for the two principal offences, having regard to objective seriousness, the aggravating factor of being on parole, the offender's history, the pleas of guilty and utilitarian discount, and by making a slight adjustment for special circumstances in the non-parole period.

Jurisdiction
Australia
Judgment Date
24 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 5 years 6 months with a non-parole period of 4 years.
Legal Topics
['aggravated Break and Enter' 'attempted Break and Enter' 'sentence' 'larceny']
['criminal Law'] ['aggravated Break and Enter' 'attempted Break and Enter' 'sentence' 'larceny']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter and commit serious indictable offence' 'Appropriate sentence for attempted break and enter with intent to commit serious indictable offence' 'Consideration of previous criminal history and parole status' 'Assessment of prospects for rehabilitation' 'Application of utilitarian discount for guilty plea' 'Determination of non-parole period and special circumstances']

Ratio Decidendi

An aggregate sentence of 5 years 6 months imprisonment is appropriate for the two principal offences, having regard to objective seriousness, the aggravating factor of being on parole, the offender's history, the pleas of guilty and utilitarian discount, and by making a slight adjustment for special circumstances in the non-parole period.

Court Disposition

Aggregate term of imprisonment of 5 years 6 months with a non-parole period of 4 years.

Orders

  • ['Aggregate term of imprisonment of 5 years and 6 months dating from 24 June 2020.' 'Non-parole period of 4 years to expire on 23 June 2024.' 'Balance of term of 1 year and 6 months to expire on 23 December 2025.']