R v Jeffrey John MASON [2009] NSWDC 364

R v Jeffrey John MASON [2009] NSWDC 364

The appropriate sentence for Jeffrey John Mason for aggravated break, enter and commit serious indictable offence, namely assault occasioning actual bodily harm, must take into account the high objective gravity of the offence, the presence of aggravating factors, but also the offender's mental illness, the early guilty plea, and special circumstances warranting a longer parole period. Consequently, a head sentence of four years with a non-parole period of two years is appropriate.

Jurisdiction
Australia
Judgment Date
03 November 2009
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for four years with a non-parole period of two years, commencing 10 March 2009.
Legal Topics
['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'mental Illness']
['criminal Law'] ['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing' 'mental Illness']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and commit serious indictable offence with assault occasioning actual bodily harm' "Effect of offender's mental illness on sentencing" 'Application of standard non-parole period and special circumstances']

Ratio Decidendi

The appropriate sentence for Jeffrey John Mason for aggravated break, enter and commit serious indictable offence, namely assault occasioning actual bodily harm, must take into account the high objective gravity of the offence, the presence of aggravating factors, but also the offender's mental illness, the early guilty plea, and special circumstances warranting a longer parole period. Consequently, a head sentence of four years with a non-parole period of two years is appropriate.

Court Disposition

Offender sentenced to imprisonment for four years with a non-parole period of two years, commencing 10 March 2009.

Orders

  • ['Imprisonment for four years commencing 10 March 2009.' 'Non-parole period of two years.' 'Offender eligible for parole on 9 March 2011.']