R v Inglis-Smyth [2019] NSWDC 944

R v Inglis-Smyth [2019] NSWDC 944

The aggravated break and enter was objectively just below the middle of the range, aggravated by occurring in the victims' home while the offender was on conditional liberty, and required imprisonment with weight to general and specific deterrence. The offender's criminal history disentitled him to leniency, but his guilty plea warranted a 25% discount and his childhood trauma and deprivation reduced moral culpability under Bugmy v R. Special circumstances justified a longer parole period because of his need for supervision and drug treatment, his first significant custodial sentence, and the risk of institutionalisation. The sentence was made cumulative from 14 April 2019 because...

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
The offender was convicted. For aggravated break and enter and commit serious indictable offence, taking into account Form 1 offences, he was sentenced to imprisonment for 3 years with a non-parole period of 18 months. For resist officer in the execution of duty, he was sentenced to a 2-year community correction order.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'form 1 Offences' 'resist Officer in the Execution of Duty' 'drug Addiction' 'special Circumstances' 'bugmy Principles' 'conditional Liberty']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'form 1 Offences' 'resist Officer in the Execution of Duty' 'drug Addiction' 'special Circumstances' 'bugmy Principles' 'conditional Liberty']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit serious indictable offence, taking into account three Form 1 offences.' 'What sentence should be imposed for resist officer in the execution of duty on a s 166 Certificate.' "Whether the offender's childhood trauma and deprivation reduced his moral culpability under Bugmy v R." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and the balance of the term.' 'Whether the sentence should be cumulative upon sentences already served while in custody.']

Ratio Decidendi

The aggravated break and enter was objectively just below the middle of the range, aggravated by occurring in the victims' home while the offender was on conditional liberty, and required imprisonment with weight to general and specific deterrence. The offender's criminal history disentitled him to leniency, but his guilty plea warranted a 25% discount and his childhood trauma and deprivation reduced moral culpability under Bugmy v R. Special circumstances justified a longer parole period because of his need for supervision and drug treatment, his first significant custodial sentence, and the risk of institutionalisation. The sentence was made cumulative from 14 April 2019 because...

Court Disposition

The offender was convicted. For aggravated break and enter and commit serious indictable offence, taking into account Form 1 offences, he was sentenced to imprisonment for 3 years with a non-parole period of 18 months. For resist officer in the execution of duty, he was sentenced to a 2-year community correction order.

Orders

  • ['In relation to the offence of aggravated break and enter and commit serious indictable offence, the offender is convicted.' 'Taking into account the Form 1 offences, the offender is sentenced to a non-parole period of 18 months to date from 14 April 2019 and expire on 13 October 2020.' 'The total term of...