R v Emerson [2014] NSWDC 326

R v Emerson [2014] NSWDC 326

The offence was just below the middle of the range of objective seriousness: the offender repeatedly attended and entered the victim's home in the early hours while armed with a knife, terrifying the victim, and his extensive record for similar offending made specific deterrence and community protection important. Although his conduct was impulsive, alcohol-affected and driven by anger about his daughter's assault, and despite remorse, family and community support and reasonable rehabilitation prospects, the seriousness of the offence, the Form 1 offences, prior criminality, and the need for general and specific deterrence required a substantial term of imprisonment. His earliest guilty...

Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for four and a half years with a non-parole period of two and a half years.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'armed Home Invasion' 'form 1 Offences Taken Into Account' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'armed Home Invasion' 'form 1 Offences Taken Into Account' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'special Circumstances' 'non Parole Period' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and commit serious indictable offence contrary to s 112(2) of the Crimes Act 1900 (NSW).' "What objective seriousness should be attributed to the offence, including that it occurred in the victim's home and involved a knife." "What weight should be given to the offender's guilty plea, remorse, alcohol-affected impulsiveness, family and community support, prior criminal record and prospects of rehabilitation." 'What effect should be given to three Form 1 offences committed at the same time.' 'Whether special circumstances justified reducing the non-parole period below the usual ratio.']

Ratio Decidendi

The offence was just below the middle of the range of objective seriousness: the offender repeatedly attended and entered the victim's home in the early hours while armed with a knife, terrifying the victim, and his extensive record for similar offending made specific deterrence and community protection important. Although his conduct was impulsive, alcohol-affected and driven by anger about his daughter's assault, and despite remorse, family and community support and reasonable rehabilitation prospects, the seriousness of the offence, the Form 1 offences, prior criminality, and the need for general and specific deterrence required a substantial term of imprisonment. His earliest guilty...

Court Disposition

Offender convicted and sentenced to imprisonment for four and a half years with a non-parole period of two and a half years.

Orders

  • ['The offender was formally convicted of aggravated break, enter and commit serious indictable offence.' 'A non-parole period of two and a half years was set to commence on 1 December 2013 and expire on 31 May 2016.' 'The balance of the term was two years, commencing on 1 June 2016 and concluding on 31 May 2018.'...