R v Flanagan [2021] NSWDC 183

R v Flanagan [2021] NSWDC 183

A substantial aggregate custodial sentence was warranted because the offences involved planned break, enter and steal conduct, significant property loss, repeat offending while on parole, and prior similar convictions. The offender's traumatic background and psychological conditions reduced moral culpability only to a limited degree because the offences involved forethought and planning and there was no direct link established between the conditions and the offences. Totality and special circumstances justified an aggregate sentence with an adjusted non-parole period.

Jurisdiction
Australia
Judgment Date
08 February 2021
Procedural Posture
Criminal Sentence / Sentence After Jury Convictions on Three Offences and Related Offences on a S 166 Certificate
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 6 years 9 months with a non-parole period of 4 years 6 months.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'break, Enter and Commit Serious Indictable Offence, Namely Larceny' 'disposing of Stolen Property' 'possession of Methamphetamine' 'objective Seriousness' 'subjective Circumstances' 'bugmy Principles' 'parity' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'break, Enter and Commit Serious Indictable Offence, Namely Larceny' 'disposing of Stolen Property' 'possession of Methamphetamine' 'objective Seriousness' 'subjective Circumstances' 'bugmy Principles' 'parity' 'totality' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Jury Convictions on Three Offences and Related Offences on a S 166 Certificate

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's three break, enter and steal offences after jury verdicts of guilty." 'How the offender should be dealt with for the offences on the s 166 certificate, including possession of methamphetamine and disposing of stolen property.' 'How objective seriousness, prior convictions, parole status, traumatic background, psychological conditions, parity, totality and special circumstances should affect sentence.']

Ratio Decidendi

A substantial aggregate custodial sentence was warranted because the offences involved planned break, enter and steal conduct, significant property loss, repeat offending while on parole, and prior similar convictions. The offender's traumatic background and psychological conditions reduced moral culpability only to a limited degree because the offences involved forethought and planning and there was no direct link established between the conditions and the offences. Totality and special circumstances justified an aggregate sentence with an adjusted non-parole period.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 6 years 9 months with a non-parole period of 4 years 6 months.

Orders

  • ['For the sequence 7 offence of possessing .4 grams of methamphetamine, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999, conviction with no other penalty after allowing for a 25% discount.' 'For the sequence 8 offence of disposing of stolen property, namely the Chima winch, imprisonment for 9 months...