R v YOUNG, Nathaniel [2008] NSWDC 338

R v YOUNG, Nathaniel [2008] NSWDC 338

Although the offending was serious because it involved invasion of a home, theft, violence against occupants, injury to an elderly victim, property loss and the offence was committed while the offender was on conditional liberty with a substantial record for similar offences, the violence occurred during escape after the offender was grabbed and the objective circumstances fell below the mid range of seriousness. The standard non-parole period did not apply, but remained a benchmark. Special circumstances were found due to the offender's youth at the time of offending and partial accumulation with an existing sentence. After a 25 percent discount for the early guilty plea, the appropriate...

Jurisdiction
Australia
Judgment Date
13 November 2008
Procedural Posture
Criminal Sentencing for Aggravated Break, Enter and Steal With Corporal Violence / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 4 years and 6 months, with a non-parole period of 2 years and 6 months.
Legal Topics
['aggravated Break and Enter' 'corporal Violence' 'standard Non Parole Period' 'special Circumstances' 'drug Addiction and Rehabilitation' 'aboriginal Offender' 'recidivism' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['aggravated Break and Enter' 'corporal Violence' 'standard Non Parole Period' 'special Circumstances' 'drug Addiction and Rehabilitation' 'aboriginal Offender' 'recidivism' 'plea of Guilty Discount']

Case Brief

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Procedural Posture

Criminal Sentencing for Aggravated Break, Enter and Steal With Corporal Violence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and steal involving corporal violence on occupants of a dwelling.' 'Whether the offence attracted the standard non-parole period and whether it was in the mid range of objective seriousness.' 'Whether special circumstances justified variation of the statutory ratio between the non-parole period and balance of term.' "What allowance should be made for the offender's guilty plea, subjective circumstances, criminal history, drug addiction and prospects of rehabilitation." "What commencement date should be fixed for the sentence in light of the offender's custody history."]

Ratio Decidendi

Although the offending was serious because it involved invasion of a home, theft, violence against occupants, injury to an elderly victim, property loss and the offence was committed while the offender was on conditional liberty with a substantial record for similar offences, the violence occurred during escape after the offender was grabbed and the objective circumstances fell below the mid range of seriousness. The standard non-parole period did not apply, but remained a benchmark. Special circumstances were found due to the offender's youth at the time of offending and partial accumulation with an existing sentence. After a 25 percent discount for the early guilty plea, the appropriate...

Court Disposition

Convicted and sentenced to imprisonment for 4 years and 6 months, with a non-parole period of 2 years and 6 months.

Orders

  • ['Nathanial Robert Young is convicted of aggravated break, enter and steal with corporal violence committed on 17 March at Hamilton.' 'A non-parole period of 2 and a half years is set to commence on 29 November 2007 and expire on 28 May 2010.' 'A balance of term of 2 years is set to expire on 28 May 2012.']