R v Armstrong [2015] NSWDC 363

R v Armstrong [2015] NSWDC 363

The aggravated break, enter and commit serious indictable offence was at least in the middle of the range of objective seriousness because it involved assault occasioning actual bodily harm in the victim's home, in the presence of or near her children, with corporeal violence, while the offender was on good behaviour bonds. The knife offence against the police officer was a serious example of using an offensive weapon with intent to prevent arrest. Although the offending was very serious and required general deterrence, the offender's youth, genuine remorse, earliest available guilty pleas, reasonable rehabilitation prospects, work and study in custody, and need for intervention to...

Jurisdiction
Australia
Judgment Date
19 November 2015
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment of 6 years and 3 months with a non-parole period of 4 years; no action taken on three breaches of good behaviour bonds; back-up common assault offence withdrawn and dismissed.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'using an Offensive Weapon With Intent to Prevent Arrest' 'domestic Violence Related Offending' 'good Behaviour Bond Breaches' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'using an Offensive Weapon With Intent to Prevent Arrest' 'domestic Violence Related Offending' 'good Behaviour Bond Breaches' 'form 1 Offence' 'guilty Plea Discount' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and commit a serious indictable offence, taking into account the Form 1 offence of being armed with intent to commit an indictable offence.' 'What sentence should be imposed for using an offensive weapon with intent to prevent arrest.' "Whether the offender's early pleas of guilty, youth, remorse, rehabilitation prospects and need for resettlement justified a discount and special circumstances adjustment to the non-parole period." 'What action should be taken in respect of three breaches of good behaviour bonds.']

Ratio Decidendi

The aggravated break, enter and commit serious indictable offence was at least in the middle of the range of objective seriousness because it involved assault occasioning actual bodily harm in the victim's home, in the presence of or near her children, with corporeal violence, while the offender was on good behaviour bonds. The knife offence against the police officer was a serious example of using an offensive weapon with intent to prevent arrest. Although the offending was very serious and required general deterrence, the offender's youth, genuine remorse, earliest available guilty pleas, reasonable rehabilitation prospects, work and study in custody, and need for intervention to...

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment of 6 years and 3 months with a non-parole period of 4 years; no action taken on three breaches of good behaviour bonds; back-up common assault offence withdrawn and dismissed.

Orders

  • ['For the offences of aggravated break, enter and commit serious indictable offence and using an offensive weapon with intent to prevent arrest, the offender is sentenced to an aggregate sentence of 6 years and 3 months imprisonment.' 'The aggregate sentence commenced on 1 January 2015 and expires on 31 March 2021.'...