R v NGUYEN [2023] NSWDC 318

R v NGUYEN [2023] NSWDC 318

After breaching two previous ICOs, committing further offences within about two weeks of the new ICO, and showing no meaningful compliance with the order, only full-time imprisonment was available. The aggravated break and enter was a moderately serious example involving entry into a home at about 3am while residents were inside, causing real harm, and was further aggravated by offending while on conditional liberty. Special circumstances justified a 50% non-parole ratio, and totality required some concurrency with other sentences.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Criminal Sentencing / Sentence for Breach of Commonwealth ICO and Aggravated Break and Enter With Intent to Steal
Outcome
ICO revoked; offender convicted and sentenced to full-time imprisonment.
Legal Topics
['aggravated Break and Enter With Intent to Steal' 'breach of Commonwealth Intensive Correction Order' 'revocation of Intensive Correction Order' 'full Time Imprisonment' 'special Circumstances' 'totality' 'conditional Liberty']
['criminal Law' 'sentencing'] ['aggravated Break and Enter With Intent to Steal' 'breach of Commonwealth Intensive Correction Order' 'revocation of Intensive Correction Order' 'full Time Imprisonment' 'special Circumstances' 'totality' 'conditional Liberty']

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Procedural Posture

Criminal Sentencing / Sentence for Breach of Commonwealth ICO and Aggravated Break and Enter With Intent to Steal

Legal Issues

  1. 1 ['Whether the Commonwealth ICO imposed on 22 April 2022 should be revoked for failure to comply with its conditions.' 'Whether any penalty other than full-time imprisonment was appropriate.' 'The appropriate sentence for aggravated break and enter with intent to steal committed while subject to conditional liberty.' 'Whether special circumstances justified variation of the statutory ratio.' 'Application of totality having regard to Local Court sentences and the revoked ICO.']

Ratio Decidendi

After breaching two previous ICOs, committing further offences within about two weeks of the new ICO, and showing no meaningful compliance with the order, only full-time imprisonment was available. The aggravated break and enter was a moderately serious example involving entry into a home at about 3am while residents were inside, causing real harm, and was further aggravated by offending while on conditional liberty. Special circumstances justified a 50% non-parole ratio, and totality required some concurrency with other sentences.

Court Disposition

ICO revoked; offender convicted and sentenced to full-time imprisonment.

Orders

  • ['The ICO imposed on 22 April 2022 is revoked.' 'A fixed term sentence of 12 months is imposed, to date from 7 August 2022.' 'The offender is convicted of the aggravated break and enter offence.' 'For the aggravated break and enter offence, the sentence imposed is 3 years with a non-parole period of 18 months to...