R v BRADDICK, Brian; R v BRADDICK, Robert [2018] NSWDC 407

R v BRADDICK, Brian; R v BRADDICK, Robert [2018] NSWDC 407

The offending was a planned, in-company home invasion and assault committed as a joint criminal enterprise, with aggravation arising from the breach of the victim's safety in his home, but the injuries were relatively minor and the objective seriousness was below the mid-range. Imprisonment was required, but each offender could serve the term by way of an Intensive Correction Order, with Brian Braddick receiving a longer term because he was treated as the principal offender and had a worse criminal and supervision history.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Criminal Sentence / Sentence After Trial Conviction
Outcome
Both offenders were convicted and sentenced to imprisonment to be served by way of Intensive Correction Orders.
Legal Topics
['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'joint Criminal Enterprise' 'intensive Correction Order' 'subjective Matters']
['criminal Law' 'sentencing'] ['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'joint Criminal Enterprise' 'intensive Correction Order' 'subjective Matters']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Trial Conviction

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and committing assault occasioning actual bodily harm in company.' 'Whether the offending crossed the threshold requiring imprisonment and whether the imprisonment could be served by way of an Intensive Correction Order.' 'How objective seriousness, aggravating factors, joint criminal enterprise, lack of remorse, risk of reoffending and personal circumstances affected sentence.']

Ratio Decidendi

The offending was a planned, in-company home invasion and assault committed as a joint criminal enterprise, with aggravation arising from the breach of the victim's safety in his home, but the injuries were relatively minor and the objective seriousness was below the mid-range. Imprisonment was required, but each offender could serve the term by way of an Intensive Correction Order, with Brian Braddick receiving a longer term because he was treated as the principal offender and had a worse criminal and supervision history.

Court Disposition

Both offenders were convicted and sentenced to imprisonment to be served by way of Intensive Correction Orders.

Orders

  • ['Brian Braddick convicted and sentenced to imprisonment for 2 years commencing on 28 September 2018, to be served by way of an Intensive Correction Order.' 'Brian Braddick must report to the Community Corrections office at Nowra no later than seven days from 28 September 2018.' 'Brian Braddick must not commit any...