R v Baldwin-Crescente [2021] NSWDC 255

R v Baldwin-Crescente [2021] NSWDC 255

The aggravated break and enter was below the mid range of objective seriousness but serious, committed in company, at night in an occupied dwelling, while the offender was on parole and with a significant criminal history. Although the offender's drug addiction, childhood disadvantage and mental health reduced moral culpability to some degree and justified special circumstances, his guarded to poor rehabilitation prospects, high risk of reoffending and poor past supervision meant full-time imprisonment was required and an intensive correction order was not appropriate.

Jurisdiction
Australia
Judgment Date
20 May 2021
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Aggregate sentence imposed of 3 years imprisonment with a non-parole period of 18 months.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'intimidation' 'damage to Property' 'escape From Lawful Custody' 'joint Criminal Enterprise' 'aggravating Factors' 'drug Addiction and Social Disadvantage in Sentencing' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'intimidation' 'damage to Property' 'escape From Lawful Custody' 'joint Criminal Enterprise' 'aggravating Factors' 'drug Addiction and Social Disadvantage in Sentencing' 'aggregate Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter in circumstances of aggravation, knowing a person was present, with an acknowledged damage to property offence and an escape lawful custody offence on a s 166 certificate.' 'Whether the offence was aggravated because it was committed in company.' "How the offender's criminal history, commission of the offences while on parole, drug addiction, mental health conditions, childhood disadvantage, remorse and prospects of rehabilitation affected sentence." 'Whether special circumstances should be found when fixing the non-parole period.' 'Whether the aggregate sentence should be served by way of an intensive correction order.']

Ratio Decidendi

The aggravated break and enter was below the mid range of objective seriousness but serious, committed in company, at night in an occupied dwelling, while the offender was on parole and with a significant criminal history. Although the offender's drug addiction, childhood disadvantage and mental health reduced moral culpability to some degree and justified special circumstances, his guarded to poor rehabilitation prospects, high risk of reoffending and poor past supervision meant full-time imprisonment was required and an intensive correction order was not appropriate.

Court Disposition

Aggregate sentence imposed of 3 years imprisonment with a non-parole period of 18 months.

Orders

  • ['Impose an aggregate sentence of 3 years imprisonment with a non-parole period of 18 months. The sentence commences on 21 May 2020 and expires on 20 May 2023. The non-parole period expires on 20 November 2021.']