R v Wade [2019] NSWDC 205

R v Wade [2019] NSWDC 205

The objective seriousness of the aggravated break and enter and assault, the injury and fear caused to Mr Davey, the damage and rampage at the motel, the offender's prior offending and commission of the offence shortly after release on parole required a substantial custodial sentence. The early guilty plea, the offender's insight and remorse, substance use disorder and mental health issues, the need effectively to accumulate the sentence on prior custody, and special circumstances requiring structured release and supervision justified a reduced sentence and a non-parole period below the usual ratio. The Form 1 matter increased the sentence but was considered without double counting.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Criminal Sentencing for Aggravated Break Enter and Commit an Assault Occasioning Actual Bodily Harm Pursuant to S 112(2) of the Crimes Act 1900 / Sentence After Early Guilty Plea
Outcome
Convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 6 months.
Legal Topics
['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'objective Seriousness' 'early Guilty Plea' 'offence Committed on Parole' 'drug Use Disorder' 'anxiety and Depression' 'special Circumstances' 'non Parole Period' 'form 1 Offence']
['criminal Law' 'sentencing'] ['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'objective Seriousness' 'early Guilty Plea' 'offence Committed on Parole' 'drug Use Disorder' 'anxiety and Depression' 'special Circumstances' 'non Parole Period' 'form 1 Offence']

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Procedural Posture

Criminal Sentencing for Aggravated Break Enter and Commit an Assault Occasioning Actual Bodily Harm Pursuant to S 112(2) of the Crimes Act 1900 / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break enter and commit an assault occasioning actual bodily harm committed during a drug-fuelled rampage.' 'How the maximum penalty and standard non-parole period should guide the sentencing discretion.' "Whether the offender's early guilty plea, substance use disorder, anxiety, depression, prior custody, commission of the offence on parole and need for structured release affected sentence." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and balance of term.' 'How the matter on the Form 1 should be taken into account without double counting.']

Ratio Decidendi

The objective seriousness of the aggravated break and enter and assault, the injury and fear caused to Mr Davey, the damage and rampage at the motel, the offender's prior offending and commission of the offence shortly after release on parole required a substantial custodial sentence. The early guilty plea, the offender's insight and remorse, substance use disorder and mental health issues, the need effectively to accumulate the sentence on prior custody, and special circumstances requiring structured release and supervision justified a reduced sentence and a non-parole period below the usual ratio. The Form 1 matter increased the sentence but was considered without double counting.

Court Disposition

Convicted and sentenced to imprisonment for 4 years and 6 months with a non-parole period of 2 years and 6 months.

Orders

  • ['The offender is convicted.' 'If it had not been for the early plea of guilty, a sentence of six years would have been imposed.' 'There will be a sentence of four years and six months dating from 9 September 2018.' 'There will be a non-parole period of two years and six months commencing on 9 September 2018 and...