R v Hawes [2022] NSWDC 726

R v Hawes [2022] NSWDC 726

The appropriate sentence is determined through a discretionary process balancing the objective seriousness of the aggravated armed break and enter (committed in company, with a weapon, against a vulnerable victim), the offender's guilty plea, his youth, background of deprivation, institutionalisation, mental health and drug addiction, and the need for both punishment and rehabilitation. Guideline judgments inform but do not dictate the result, and special circumstances warrant a parole structure supporting community rehabilitation.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to a term of imprisonment of 3 years 3 months with a non-parole period of 1 year 10 months; finding of special circumstances.
Legal Topics
['aggravated Break and Enter' 'sentencing' 'armed With Offensive Weapon' 'joint Criminal Enterprise' 'guilty Plea' 'mitigating and Aggravating Factors']
['criminal Law'] ['aggravated Break and Enter' 'sentencing' 'armed With Offensive Weapon' 'joint Criminal Enterprise' 'guilty Plea' 'mitigating and Aggravating Factors']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated armed break and enter and commit serious indictable offence while in company with use of a knife' "Consideration of offender's personal circumstances, including early guilty plea, drug addiction, prior record, mental health, institutionalisation, and background of deprivation" 'Relevance of guideline judgments and individualised sentencing']

Ratio Decidendi

The appropriate sentence is determined through a discretionary process balancing the objective seriousness of the aggravated armed break and enter (committed in company, with a weapon, against a vulnerable victim), the offender's guilty plea, his youth, background of deprivation, institutionalisation, mental health and drug addiction, and the need for both punishment and rehabilitation. Guideline judgments inform but do not dictate the result, and special circumstances warrant a parole structure supporting community rehabilitation.

Court Disposition

Convicted and sentenced to a term of imprisonment of 3 years 3 months with a non-parole period of 1 year 10 months; finding of special circumstances.

Orders

  • ['Offender convicted.' 'Had it not been for the plea of guilty, a sentence of four and a half years would have been imposed.' 'Sentenced to 3 years and 4 months imprisonment; non-parole period of 1 year and 10 months, commencing 31 December 2021.' 'Offender eligible for parole on 30 October 2023; sentence expires 30...