R v Sharn BERGAN; R v Rick McANDREW [2017] NSWDC 405

R v Sharn BERGAN; R v Rick McANDREW [2017] NSWDC 405

Sentences were imposed taking into account the objective seriousness of the offending conduct, which involved an armed, violent, and intimidatory joint criminal enterprise. The presence of special circumstances such as youth, need for rehabilitation, first time in custody, age and health issues, merited departure from standard statutory parole ratios. Sentences were also shaped by statutory requirements and the need for both general and specific deterrence for crimes involving vigilantism. Parity was considered with other co-offenders but did not justify reducing sentences given the applicants' decisions to defend rather than plead guilty.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and imprisonment.
Legal Topics
['aggravated Break and Enter' 'stalk/intimidate' 'assault Occasioning Actual Bodily Harm' 'joint Criminal Enterprise' 'sentencing – Special Circumstances']
['criminal Law'] ['aggravated Break and Enter' 'stalk/intimidate' 'assault Occasioning Actual Bodily Harm' 'joint Criminal Enterprise' 'sentencing – Special Circumstances']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated break and enter and commit serious indictable offence in company?' 'How should special circumstances such as age, illness, and first time in custody impact sentencing?' 'How should parity between co-offenders be considered when prior pleas and different offences exist?' 'What objective and subjective factors are relevant in sentencing for stalking/intimidation and assault occasioning actual bodily harm?']

Ratio Decidendi

Sentences were imposed taking into account the objective seriousness of the offending conduct, which involved an armed, violent, and intimidatory joint criminal enterprise. The presence of special circumstances such as youth, need for rehabilitation, first time in custody, age and health issues, merited departure from standard statutory parole ratios. Sentences were also shaped by statutory requirements and the need for both general and specific deterrence for crimes involving vigilantism. Parity was considered with other co-offenders but did not justify reducing sentences given the applicants' decisions to defend rather than plead guilty.

Court Disposition

Conviction and imprisonment.

Orders

  • ['Sharn Bergan: Convicted. Sentenced to total of 2 years and 6 months imprisonment (NPP 15 months), commencing 30 September 2017, expiring 29 March 2020, eligible for parole from 29 December 2018. Six months concurrent imprisonment for stalk/intimidate, commencing 30 September 2017.' 'Rick McAndrew: Convicted....