R v Omar [2018] NSWDC 393

R v Omar [2018] NSWDC 393

The offences involved considerable planning, reconnaissance, theft of vehicles for a ram raid, substantial damage to commercial premises and an ATM, financial gain, and possession of multiple stolen vehicles, making imprisonment necessary. Although the offender had pleaded guilty, expressed genuine remorse, had a dysfunctional upbringing, medical issues, and a need for rehabilitation, general and specific deterrence, objective seriousness, substantial damage, and parity with McArthur required an aggregate sentence of 6 years imprisonment with a non-parole period of 4 years, backdated to 23 March 2016.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the District Court
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years, and referred to the Drug Court for assessment as to suitability for a Compulsory Drug Treatment Order.
Legal Topics
['aggravated Break and Enter With Intent to Commit Larceny' 'take and Drive Conveyance Without Consent' 'recklessly Deal With Proceeds of Crime' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'parity' 'compulsory Drug Treatment Order Assessment']
['criminal Law' 'sentencing'] ['aggravated Break and Enter With Intent to Commit Larceny' 'take and Drive Conveyance Without Consent' 'recklessly Deal With Proceeds of Crime' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'parity' 'compulsory Drug Treatment Order Assessment']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter with intent to commit larceny, two counts of take and drive a conveyance without consent, and recklessly dealing with proceeds of crime.' 'Whether the offender was involved in the planning of the offences from 6 December 2015 or only in the later period.' 'The objective seriousness of the ram raid offence and the proceeds of crime offence.' 'Whether substantial damage was an aggravating factor.' 'What mitigating effect should be given to remorse, guilty pleas, dysfunctional upbringing, medical issues, cocaine addiction, and parity with co-offenders.']

Ratio Decidendi

The offences involved considerable planning, reconnaissance, theft of vehicles for a ram raid, substantial damage to commercial premises and an ATM, financial gain, and possession of multiple stolen vehicles, making imprisonment necessary. Although the offender had pleaded guilty, expressed genuine remorse, had a dysfunctional upbringing, medical issues, and a need for rehabilitation, general and specific deterrence, objective seriousness, substantial damage, and parity with McArthur required an aggregate sentence of 6 years imprisonment with a non-parole period of 4 years, backdated to 23 March 2016.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 6 years with a non-parole period of 4 years, and referred to the Drug Court for assessment as to suitability for a Compulsory Drug Treatment Order.

Orders

  • ['The offender is convicted.' 'I impose an aggregate sentence of imprisonment of 6 years with a non-parole period of 4 years.' 'The sentence is to date from 23 March 2016. The non-parole period will expire on 22 March 2020 and the head sentence will expire on 22 March 2022.' 'The offender will be eligible to be...