R v MADDEN [2010] NSWDC 337

R v MADDEN [2010] NSWDC 337

The offence was slightly below the middle of the range of objective seriousness because the serious indictable offence was larceny and the aggravating factor of being in company was one of the less serious aggravating factors, but entry was gained by smashing the front door and a significant quantity of property was taken. Despite remorse, an early guilty plea, delay, drug-related motivation and some prospects of rehabilitation, the offender's lengthy criminal history, continuing disobedience to the law, lack of demonstrated rehabilitation, the need for personal and general deterrence, the five-year standard non-parole period and the twenty-year maximum penalty made immediate release or a...

Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Criminal Sentencing for Aggravated Break, Enter and Commit Serious Indictable Offence in Company / Sentence After Early Guilty Plea
Outcome
Sentenced to imprisonment consisting of a non-parole period of two and a half years and a head sentence of four and a half years; referred to the Drug Court for determination of suitability for a compulsory drug treatment order.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'in Company' 'larceny' 'standard Non Parole Period' 'guilty Plea Discount' 'personal Deterrence' 'totality' 'drug Addiction and Rehabilitation']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'in Company' 'larceny' 'standard Non Parole Period' 'guilty Plea Discount' 'personal Deterrence' 'totality' 'drug Addiction and Rehabilitation']

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 Sentencing for Aggravated Break, Enter and Commit Serious Indictable Offence in Company / Sentence After Early Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and commit larceny in company after an early guilty plea.' "How the offender's delay in being sentenced, prior criminal history, remorse, drug addiction, prospects of rehabilitation, and need for personal and general deterrence should affect sentence." 'Whether the offender should receive a sentence permitting release on the day of sentence.' 'Whether special circumstances and totality affected the non-parole period and head sentence.']

Ratio Decidendi

The offence was slightly below the middle of the range of objective seriousness because the serious indictable offence was larceny and the aggravating factor of being in company was one of the less serious aggravating factors, but entry was gained by smashing the front door and a significant quantity of property was taken. Despite remorse, an early guilty plea, delay, drug-related motivation and some prospects of rehabilitation, the offender's lengthy criminal history, continuing disobedience to the law, lack of demonstrated rehabilitation, the need for personal and general deterrence, the five-year standard non-parole period and the twenty-year maximum penalty made immediate release or a...

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of two and a half years and a head sentence of four and a half years; referred to the Drug Court for determination of suitability for a compulsory drug treatment order.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of two and a half years is set to date from 30 November 2009 and expire on 29 May 2012.' 'An overall term of four and a half years is set.' 'The offender is eligible to be released to parole on 29 May 2012.' 'The offender is referred to the Drug...