R v Perez [2019] NSWDC 781

R v Perez [2019] NSWDC 781

The offending involved an organised crime spree of aggravated break and enters, with more than $50,000 in cash and property stolen, communication between offenders during the offences, and a joint criminal enterprise. Objective seriousness was just below mid-range, and planned or organised criminal activity was an aggravating factor. A full-time custodial sentence was required, but the sentence was reduced by the guilty pleas, remorse, limited record, deprived background, drug-use history, rehabilitation prospects, parity with co-offenders and special circumstances. An aggregate sentence of five years and three months with a non-parole period of three years and ten months was imposed.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of five years and three months commencing 25 February 2018, with a non-parole period of three years and ten months. Special circumstances were found.
Legal Topics
['aggravated Break, Enter and Commit a Serious Indictable Offence' 'larceny' 'plea of Guilty' 'form 1 Offences' 'parity With Co Offenders' 'planned or Organised Criminal Activity' 'drug Addiction' 'rehabilitation' 'remorse' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit a Serious Indictable Offence' 'larceny' 'plea of Guilty' 'form 1 Offences' 'parity With Co Offenders' 'planned or Organised Criminal Activity' 'drug Addiction' 'rehabilitation' 'remorse' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence and non-parole period should be imposed for four counts of aggravated break, enter and commit larceny, with four further aggravated break and enters taken into account on a Form 1.' 'How parity with co-offenders should affect sentence.' 'How aggravating factors, including planned or organised criminal activity, and mitigating factors, including guilty plea, remorse, deprived background, drug use and rehabilitation, should affect sentence.' 'Whether special circumstances should be found.']

Ratio Decidendi

The offending involved an organised crime spree of aggravated break and enters, with more than $50,000 in cash and property stolen, communication between offenders during the offences, and a joint criminal enterprise. Objective seriousness was just below mid-range, and planned or organised criminal activity was an aggravating factor. A full-time custodial sentence was required, but the sentence was reduced by the guilty pleas, remorse, limited record, deprived background, drug-use history, rehabilitation prospects, parity with co-offenders and special circumstances. An aggregate sentence of five years and three months with a non-parole period of three years and ten months was imposed.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of five years and three months commencing 25 February 2018, with a non-parole period of three years and ten months. Special circumstances were found.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of five years and three months commencing 25 February 2018 is imposed.' 'A non-parole period of three years and ten months is imposed.' 'Indicative sentence for sequence 001: 2 years, 2 months; non-parole period 1 year, 7 months.'...