R v Brady [2020] NSWDC 865

R v Brady [2020] NSWDC 865

The Court found that the aggravated break and enter offence fell below the mid-range of objective seriousness, justifying departure from the standard non-parole period, but that the offender's prior similar record, commission of the offence in the complainant's home, and offending while on conditional liberty made full-time imprisonment necessary. The offender's early guilty plea, remorse, spontaneous offending, reasonable rehabilitation prospects, low risk of reoffending, COVID-related custody hardship, and need for alcohol-related rehabilitation supported a 25% discount and special circumstances, resulting in an aggregate sentence of 3 years' imprisonment with an 18-month non-parole...

Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas; Form 1 Offences and a Related Offence on a Section 166 Certificate Considered
Outcome
Offender convicted and sentenced to an aggregate full-time custodial sentence; final apprehended domestic violence order made.
Legal Topics
['aggravated Break and Enter' 'stalk or Intimidate Intending Fear of Physical Harm' 'contravention of Apprehended Violence Order' 'standard Non Parole Period' 'form 1 Offences' 'special Circumstances' 'full Time Custody' 'apprehended Domestic Violence Order']
['criminal Law' 'sentencing' 'domestic and Personal Violence'] ['aggravated Break and Enter' 'stalk or Intimidate Intending Fear of Physical Harm' 'contravention of Apprehended Violence Order' 'standard Non Parole Period' 'form 1 Offences' 'special Circumstances' 'full Time Custody' 'apprehended Domestic Violence Order']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas; Form 1 Offences and a Related Offence on a Section 166 Certificate Considered

Legal Issues

  1. 1 ['What sentence should be imposed for stalk/intimidate intending fear of physical harm in a domestic violence context, aggravated break and enter and commit a serious indictable offence, and contravention of an AVO.' 'Whether the objective seriousness of the aggravated break and enter offence warranted application of the standard non-parole period.' 'Whether no sentence other than imprisonment was appropriate under section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether special circumstances justified an extended parole period.' 'Whether a final apprehended domestic violence order should be made.']

Ratio Decidendi

The Court found that the aggravated break and enter offence fell below the mid-range of objective seriousness, justifying departure from the standard non-parole period, but that the offender's prior similar record, commission of the offence in the complainant's home, and offending while on conditional liberty made full-time imprisonment necessary. The offender's early guilty plea, remorse, spontaneous offending, reasonable rehabilitation prospects, low risk of reoffending, COVID-related custody hardship, and need for alcohol-related rehabilitation supported a 25% discount and special circumstances, resulting in an aggregate sentence of 3 years' imprisonment with an 18-month non-parole...

Court Disposition

Offender convicted and sentenced to an aggregate full-time custodial sentence; final apprehended domestic violence order made.

Orders

  • ['The Offender was convicted of stalk/intimidate intending fear of physical harm in a domestic context contrary to section 13(1) of the Crimes (Domestic and Personal Violence) Act 2007.' 'The Offender was convicted of aggravated break and enter and commit a serious indictable offence, with the aggravation that he...