R v Bloomfield [2015] NSWDC 176

R v Bloomfield [2015] NSWDC 176

Taking into account the seriousness of entering dwellings while occupants were asleep, the Form 1 offences, the maximum penalty and standard non-parole period, the offender's early guilty plea, disadvantaged background, drug addiction, criminal history, totality and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years was appropriate, backdated to 24 March 2015.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Taking into account the matters on a Form 1, the offender is sentenced to an aggregate term of imprisonment consisting of a non-parole period of 3 years and a head sentence of 6 years.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'aggravated Enter Dwelling House With Intent to Steal' 'stealing' 'obtain Money by Deception' 'possess Cannabis' 'form 1 Offences' 'standard Non Parole Period' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'aggravated Enter Dwelling House With Intent to Steal' 'stealing' 'obtain Money by Deception' 'possess Cannabis' 'form 1 Offences' 'standard Non Parole Period' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for aggravated break, enter and steal and aggravated enter dwelling with intent to steal, taking Form 1 matters into account.' 'Whether the standard non-parole period should be imposed for the aggravated break, enter and steal offence.' "How the offender's early guilty plea, disadvantaged upbringing, drug addiction, criminal history, totality and special circumstances should affect sentence."]

Ratio Decidendi

Taking into account the seriousness of entering dwellings while occupants were asleep, the Form 1 offences, the maximum penalty and standard non-parole period, the offender's early guilty plea, disadvantaged background, drug addiction, criminal history, totality and special circumstances, an aggregate sentence of 6 years imprisonment with a non-parole period of 3 years was appropriate, backdated to 24 March 2015.

Court Disposition

Taking into account the matters on a Form 1, the offender is sentenced to an aggregate term of imprisonment consisting of a non-parole period of 3 years and a head sentence of 6 years.

Orders

  • ['The aggregate sentence consists of a non-parole period of 3 years to date from 24 March 2015.' 'The head sentence is 6 years.' 'The non-parole period will expire on 23 March 2018, on which day the offender is eligible to be released to parole.']