R v Papara [2014] NSWDC 120

R v Papara [2014] NSWDC 120

The offence was objectively serious because the offender and companions forced entry into a convenience store and the offender then repeatedly punched one worker and pushed a female employee, in circumstances of repeated alcohol-related offending and limited demonstrated remorse. Although the offender was young and had recently made positive changes, a Community Service Order and a suspended sentence would not adequately reflect the gravity of the conduct or provide appropriate punishment and deterrence. A sentence of imprisonment was required, but because the likely sentence was less than two years, the appropriate course, if the offender was eligible, was referral for assessment for an...

Jurisdiction
Australia
Judgment Date
16 May 2014
Procedural Posture
Sentence / Sentencing; Referred for Assessment as to Suitability to Serve Sentence by Way of an Intensive Corrections Order
Outcome
Referred for assessment as to suitability to serve the sentence by way of an Intensive Corrections Order; bail continued on current conditions with additional conditions.
Legal Topics
['aggravated Break Enter and Commit Affray in Company' 'repeat Offender' 'drunken Violence' 'standard Non Parole Period' 'intensive Corrections Order' 'community Service Order' 'suspended Sentence']
['criminal Law' 'sentencing'] ['aggravated Break Enter and Commit Affray in Company' 'repeat Offender' 'drunken Violence' 'standard Non Parole Period' 'intensive Corrections Order' 'community Service Order' 'suspended Sentence']

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Procedural Posture

Sentence / Sentencing; Referred for Assessment as to Suitability to Serve Sentence by Way of an Intensive Corrections Order

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break enter and commit affray in company where the offender, while drunk, broke into a convenience store and committed violence against employees.' "Whether a non-custodial sentence, suspended sentence, or Intensive Corrections Order was appropriate given the objective seriousness of the offence, the standard non-parole period, the offender's age, prior and subsequent offending, and prospects of rehabilitation."]

Ratio Decidendi

The offence was objectively serious because the offender and companions forced entry into a convenience store and the offender then repeatedly punched one worker and pushed a female employee, in circumstances of repeated alcohol-related offending and limited demonstrated remorse. Although the offender was young and had recently made positive changes, a Community Service Order and a suspended sentence would not adequately reflect the gravity of the conduct or provide appropriate punishment and deterrence. A sentence of imprisonment was required, but because the likely sentence was less than two years, the appropriate course, if the offender was eligible, was referral for assessment for an...

Court Disposition

Referred for assessment as to suitability to serve the sentence by way of an Intensive Corrections Order; bail continued on current conditions with additional conditions.

Orders

  • ['The offender is referred for assessment as to his suitability to serve the sentence of imprisonment by way of an Intensive Corrections Order.' 'Bail is continued on the current conditions.' 'The offender is to live at XXXX with his mother.' 'The offender is to report to the city office of Probation and Parole...