R v Irwin, Dean [No.1] [2009] NSWDC 400

R v Irwin, Dean [No.1] [2009] NSWDC 400

Although the two aggravated break and enter offences were serious and would ordinarily warrant sentences of at least about two years and probably more, the offender's guilty pleas, successful period on s 11 bail, marked rehabilitation progress, improved prospects, and the Crown's ultimate non-opposition justified imposing two-year sentences of imprisonment and suspending them on a supervised good behaviour bond with treatment conditions.

Jurisdiction
Australia
Judgment Date
18 September 2009
Procedural Posture
Criminal Sentencing for Aggravated Break and Enter With Intent and Aggravated Break and Enter Commit Serious Indictable Offence / Sentence After Guilty Pleas Before the Magistrate and Completion of S 11 Bail
Outcome
Dean Harold Irwin was convicted of each offence and sentenced to two years imprisonment on each, suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 upon entry into a good behaviour bond for two years.
Legal Topics
['aggravated Break and Enter' 'break Enter and Steal' 'suspended Sentence' 'rehabilitation' 'good Behaviour Bond' 'alcohol Related Offending']
['criminal Law' 'sentencing'] ['aggravated Break and Enter' 'break Enter and Steal' 'suspended Sentence' 'rehabilitation' 'good Behaviour Bond' 'alcohol Related Offending']

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Procedural Posture

Criminal Sentencing for Aggravated Break and Enter With Intent and Aggravated Break and Enter Commit Serious Indictable Offence / Sentence After Guilty Pleas Before the Magistrate and Completion of S 11 Bail

Legal Issues

  1. 1 ['Appropriate sentence for two aggravated break and enter offences after guilty pleas' "Whether the offender's rehabilitation progress and compliance with bail justified suspended sentences" 'What conditions should attach to the suspended sentences and bond']

Ratio Decidendi

Although the two aggravated break and enter offences were serious and would ordinarily warrant sentences of at least about two years and probably more, the offender's guilty pleas, successful period on s 11 bail, marked rehabilitation progress, improved prospects, and the Crown's ultimate non-opposition justified imposing two-year sentences of imprisonment and suspending them on a supervised good behaviour bond with treatment conditions.

Court Disposition

Dean Harold Irwin was convicted of each offence and sentenced to two years imprisonment on each, suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 upon entry into a good behaviour bond for two years.

Orders

  • ['Dean Irwin is convicted of each offence.' 'In respect of each offence, he is sentenced to a term of imprisonment of two years.' 'Each term is suspended upon condition that he enter into a bond pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour for a period of two years from 18...