R v Harkins [2020] NSWDC 823

R v Harkins [2020] NSWDC 823

The offender's aggravated break and enter with intent to steal, together with the related Form 1 offence, warranted imprisonment because although the offending was below midrange in objective seriousness, it involved unlawful intrusion into homes, was committed while the offender was subject to an intensive corrections order, and occurred against a background of repeated comparable offending requiring specific deterrence and community protection. The offender's youth, disadvantaged background, remorse, early guilty plea, absence of damage or theft, totality and special circumstances mitigated sentence, resulting in a 25% utility discount, partial concurrence with existing custody, and an...

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea in the Local Court and Adherence to the Plea in the District Court, With an Additional Form 1 Offence to Be Taken Into Account
Outcome
Ryan Harkins was convicted and sentenced to imprisonment for 2 years and 10 months with a non-parole period of 1 year and 6 months.
Legal Topics
['aggravated Break and Enter With Intent to Steal' 'break and Enter Dwelling House With Intent to Steal' 'form 1 Offences' 'imprisonment' 'non Parole Period' 'youth and Disadvantaged Background' 'specific Deterrence' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break and Enter With Intent to Steal' 'break and Enter Dwelling House With Intent to Steal' 'form 1 Offences' 'imprisonment' 'non Parole Period' 'youth and Disadvantaged Background' 'specific Deterrence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea in the Local Court and Adherence to the Plea in the District Court, With an Additional Form 1 Offence to Be Taken Into Account

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and entering with intent to steal contrary to s 113(2) Crimes Act 1900.' 'How the additional Form 1 offence of breaking and entering a dwelling house with intent to steal contrary to s 113(1) Crimes Act 1900 should impinge on sentence.' "What weight should be given to the offender's guilty plea and the 25% discount for utility." "Whether and how the offender's youth, Aboriginal heritage, disadvantaged background, drug use, remorse, prior offending and conditional liberty affected sentence." 'Whether special circumstances justified an extended period on parole.' 'When the sentence should commence having regard to custody referable to other matters and the revoked intensive corrections order.']

Ratio Decidendi

The offender's aggravated break and enter with intent to steal, together with the related Form 1 offence, warranted imprisonment because although the offending was below midrange in objective seriousness, it involved unlawful intrusion into homes, was committed while the offender was subject to an intensive corrections order, and occurred against a background of repeated comparable offending requiring specific deterrence and community protection. The offender's youth, disadvantaged background, remorse, early guilty plea, absence of damage or theft, totality and special circumstances mitigated sentence, resulting in a 25% utility discount, partial concurrence with existing custody, and an...

Court Disposition

Ryan Harkins was convicted and sentenced to imprisonment for 2 years and 10 months with a non-parole period of 1 year and 6 months.

Orders

  • ['The offender is convicted of breaking and entering with intent to steal in the circumstance of aggravation that there was a person in the premises.' 'A non-parole period of 1 year and 6 months is specified commencing on 1 June 2020 and expiring on 30 November 2021, when the offender will be eligible for parole.'...