R v Brett SHARPLEY [2014] NSWDC 166

R v Brett SHARPLEY [2014] NSWDC 166

Given the low objective seriousness of the offences, the offender's deprived background, youth, remorse, and good prospects of rehabilitation, the purposes of general and specific deterrence are given less weight, and rehabilitation is prioritised. Imprisonment is not imposed as it is not the only appropriate penalty. Accordingly, a good behaviour bond and community service are imposed.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: Brett Sharpley
Jurisdiction
Australia
Judgment Date
12 September 2014
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted. On the first charge, sentenced to a two-year good behaviour bond. On the second charge, ordered to perform 100 hours of community service work.
Legal Topics
Aggravated Break and Enter, Sentencing of Aboriginal Offenders, Intoxication, Community Service Order, Good Behaviour Bond
Criminal Law Aggravated Break and Enter Sentencing of Aboriginal Offenders Intoxication Community Service Order Good Behaviour Bond

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

Brett Sharpley

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for Brett Sharpley for two counts of aggravated break, enter and steal?
  2. 2 How do the offender's background and intoxication affect sentencing?
  3. 3 Application of Fernando and Bugmy principles to sentencing Aboriginal offenders

Ratio Decidendi

Given the low objective seriousness of the offences, the offender's deprived background, youth, remorse, and good prospects of rehabilitation, the purposes of general and specific deterrence are given less weight, and rehabilitation is prioritised. Imprisonment is not imposed as it is not the only appropriate penalty. Accordingly, a good behaviour bond and community service are imposed.

Court Disposition

The offender is convicted. On the first charge, sentenced to a two-year good behaviour bond. On the second charge, ordered to perform 100 hours of community service work.

Orders

  • Convicted on both charges.
  • First charge: Good behaviour bond for two years, subject to specified conditions.