R v DARCY [2020] NSWDC 166

R v DARCY [2020] NSWDC 166

The court found both substantive offences were moderately below mid-range but serious, involved residential premises, separate victims and in-company offending, and required full-time imprisonment given the maximum penalty, standard non-parole period, nature of the offending and the offender's lengthy record. The offender's deprived background enlivened Bugmy and reduced moral culpability; his remorse was found on balance but given limited weight because it was untested; his record did not justify leniency and he could not be found unlikely to reoffend or to have good prospects of rehabilitation. Special circumstances were found because supervision was needed for reintegration, substance...

Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty After Committal for Sentence
Outcome
Offender convicted and sentenced to an aggregate sentence of 3 years and 3 months imprisonment with a non-parole period of 2 years and 2 months.
Legal Topics
['aggravated Break Enter and Commit Serious Indictable Offence' 'aggravated Enter Dwelling With Intent to Steal' 'goods in Custody' 'larceny of a Motor Vehicle' 'form 1 Matters' 'bugmy Factors' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['aggravated Break Enter and Commit Serious Indictable Offence' 'aggravated Enter Dwelling With Intent to Steal' 'goods in Custody' 'larceny of a Motor Vehicle' 'form 1 Matters' 'bugmy Factors' 'special Circumstances' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty After Committal for Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break enter and commit serious indictable offence contrary to s 112(2) of the Crimes Act, 1900 and aggravated enter dwelling with intent to steal contrary to s 111(2) of the Crimes Act.' 'How the court should take into account two Form 1 matters when sentencing for the s 111(2) offence.' "Whether the offender's deprived background enlivened the principles in Bugmy v The Queen [2013] HCA 37 and reduced moral culpability." 'Whether special circumstances justified a longer parole period, including by reference to substance abuse treatment, reintegration, institutionalisation risk and supervision needs.' 'Whether full-time imprisonment and an aggregate sentence were appropriate.']

Ratio Decidendi

The court found both substantive offences were moderately below mid-range but serious, involved residential premises, separate victims and in-company offending, and required full-time imprisonment given the maximum penalty, standard non-parole period, nature of the offending and the offender's lengthy record. The offender's deprived background enlivened Bugmy and reduced moral culpability; his remorse was found on balance but given limited weight because it was untested; his record did not justify leniency and he could not be found unlikely to reoffend or to have good prospects of rehabilitation. Special circumstances were found because supervision was needed for reintegration, substance...

Court Disposition

Offender convicted and sentenced to an aggregate sentence of 3 years and 3 months imprisonment with a non-parole period of 2 years and 2 months.

Orders

  • ['In respect of the matters to which the offender pleaded guilty, including the matters attaching to the s 166 Certificate, the offender is convicted.' 'The offender is sentenced to an aggregate sentence of 3 years and 3 months with a non-parole period of 2 years and 2 months.' 'The non-parole period will commence...