R v Brandon Sharpley [2014] NSWDC 253

R v Brandon Sharpley [2014] NSWDC 253

The offender's objective and subjective circumstances—including the low objective seriousness of the offences, his deprived and dysfunctional background, relative youth, remorse, and prospects of rehabilitation—mean that a non-custodial sentence is appropriate. Parity with the co-offender and the principles of individualised justice and rehabilitation further support the decision to impose a good behaviour bond and community service order, rather than imprisonment.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Sentence / Sentencing Hearing and Orders
Outcome
Convicted, non-custodial sentence imposed
Legal Topics
['aggravated Break and Enter' 'sentencing Principles' 'aboriginal Offender' 'youth Justice' 'mitigating Factors' 'community Service' 'good Behaviour Bond']
['criminal Law'] ['aggravated Break and Enter' 'sentencing Principles' 'aboriginal Offender' 'youth Justice' 'mitigating Factors' 'community Service' 'good Behaviour Bond']

Case Brief

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Procedural Posture

Sentence / Sentencing Hearing and Orders

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break enter and steal' "Effect of offender's deprived background and youth on sentence" 'Application of parity principle']

Ratio Decidendi

The offender's objective and subjective circumstances—including the low objective seriousness of the offences, his deprived and dysfunctional background, relative youth, remorse, and prospects of rehabilitation—mean that a non-custodial sentence is appropriate. Parity with the co-offender and the principles of individualised justice and rehabilitation further support the decision to impose a good behaviour bond and community service order, rather than imprisonment.

Court Disposition

Convicted, non-custodial sentence imposed

Orders

  • ['With respect to the first count of aggravated break enter and steal, pursuant to s 9 Crimes (Sentencing Procedure) Act 1999, the offender is to enter into a good behaviour bond for a period of 2 years to date from 28 November 2014, subject to enumerated conditions.' 'With respect to the second count of aggravated...