R v Graeme Frederick CONNELLY [2007] NSWDC 236

R v Graeme Frederick CONNELLY [2007] NSWDC 236

Given the seriousness of the offence, aggravated by use of a weapon and being in company, but mitigated by the offender's genuine remorse, early guilty plea, and attempts at rehabilitation, the appropriate sentence is four years imprisonment with a non-parole period of two years, taking into account special circumstances and a recommendation for participation in rehabilitation upon parole.

Jurisdiction
Australia
Judgment Date
22 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to four years imprisonment with a non-parole period of two years.
Legal Topics
['aggravated Break and Enter' 'serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'intoxication' 'sentencing Procedure']
['criminal Law'] ['aggravated Break and Enter' 'serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'intoxication' 'sentencing Procedure']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is an appropriate sentence for aggravated break and enter and assault occasioning actual bodily harm in the circumstances?' 'What aggravating and mitigating factors apply in sentencing the offender?']

Ratio Decidendi

Given the seriousness of the offence, aggravated by use of a weapon and being in company, but mitigated by the offender's genuine remorse, early guilty plea, and attempts at rehabilitation, the appropriate sentence is four years imprisonment with a non-parole period of two years, taking into account special circumstances and a recommendation for participation in rehabilitation upon parole.

Court Disposition

Offender sentenced to four years imprisonment with a non-parole period of two years.

Orders

  • ['Offender sentenced to imprisonment to commence on 28 March 2007.' 'Non-parole period of two years; total sentence of four years.' 'Recommendation that a condition of release to parole be attendance at the William Booth residential rehabilitation program.' 'Offender eligible for parole on 27 March 2009.']