Regina v Bradley Reginald White [2008] NSWDC 203

Regina v Bradley Reginald White [2008] NSWDC 203

The offence was serious because the offender forced entry into a victim's home, attacked a fifty-nine year old woman with a piece of wood, wrapped a phone cord around her neck, damaged her telephone and was on a bond at the time. However, the injuries were significant but not substantial, the offending was short, not premeditated, and the intention to force entry was formed shortly before entry. The offending was therefore below the middle of the range of objective seriousness, but the offender's record, commission while on conditional liberty, limited evidence of contrition and only fair prospects of rehabilitation required a custodial sentence of four years with a three-year non-parole...

Jurisdiction
Australia
Judgment Date
07 February 2008
Procedural Posture
Criminal Law Sentence for Aggravated Break and Enter and Commit Serious Indictable Offence / Sentencing After Guilty Plea
Outcome
Sentenced to four years imprisonment with a non-parole period of three years.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'conditional Liberty' 'criminal Record']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'conditional Liberty' 'criminal Record']

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Procedural Posture

Criminal Law Sentence for Aggravated Break and Enter and Commit Serious Indictable Offence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit a serious indictable offence under s 112(2) of the Crimes Act 1900.' 'Where the offending fell in the range of objective seriousness for offences of this type.' 'What aggravating and mitigating factors, including criminal record, conditional liberty, guilty plea, prospects of rehabilitation and contrition, should affect sentence.']

Ratio Decidendi

The offence was serious because the offender forced entry into a victim's home, attacked a fifty-nine year old woman with a piece of wood, wrapped a phone cord around her neck, damaged her telephone and was on a bond at the time. However, the injuries were significant but not substantial, the offending was short, not premeditated, and the intention to force entry was formed shortly before entry. The offending was therefore below the middle of the range of objective seriousness, but the offender's record, commission while on conditional liberty, limited evidence of contrition and only fair prospects of rehabilitation required a custodial sentence of four years with a three-year non-parole...

Court Disposition

Sentenced to four years imprisonment with a non-parole period of three years.

Orders

  • ['For the offence of aggravated break and enter and commit serious indictable offence, the offender is sentenced to imprisonment for four years.' 'A non-parole period of three years is set, commencing on 11 July 2007 and expiring on 10 July 2010.' 'The balance of the term is one year from 11 July 2010 to 10 July...