R v Tariq McDonald [2009] NSWDC 330

R v Tariq McDonald [2009] NSWDC 330

Because the offences were planned, serious, involved joint criminal enterprise, caused substantial property damage, and the offender had an unsatisfactory prior record, significant terms of imprisonment are warranted; limited special circumstances allow a modest reduction in the non-parole period, but prospects for rehabilitation are not strong.

Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to terms of imprisonment on all counts, with sentences for counts 2, 3, and 4 to be served concurrently, and eligible for parole as specified.
Legal Topics
['aggravated Break and Enter' 'sentencing Principles' 'car Theft' 'ram Raid' 'general Deterrence' 'specific Deterrence' 'parole']
['criminal Law'] ['aggravated Break and Enter' 'sentencing Principles' 'car Theft' 'ram Raid' 'general Deterrence' 'specific Deterrence' 'parole']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What are the appropriate sentences for aggravated break and enter, car theft, and related offences, considering planning, community impact, prior convictions, and prospects for rehabilitation?' 'Whether there are special circumstances justifying reduction in the non-parole period.']

Ratio Decidendi

Because the offences were planned, serious, involved joint criminal enterprise, caused substantial property damage, and the offender had an unsatisfactory prior record, significant terms of imprisonment are warranted; limited special circumstances allow a modest reduction in the non-parole period, but prospects for rehabilitation are not strong.

Court Disposition

Offender sentenced to terms of imprisonment on all counts, with sentences for counts 2, 3, and 4 to be served concurrently, and eligible for parole as specified.

Orders

  • ['On count 1: 12 months imprisonment (non-parole period), commencing 20 March 2011 and expiring 19 March 2012.' 'On count 2: 3 years and 4 months imprisonment (non-parole period), commencing 20 November 2007 and expiring 19 March 2011, total sentence expiring 19 November 2013 (additional term of 2 years and 8...