R v Stewart Hudson aka Anu [2017] NSWDC 157

R v Stewart Hudson aka Anu [2017] NSWDC 157

The court imposed a full-time aggregate custodial sentence because the offender committed repeated serious offences, including aggravated break and enter offences, vehicle theft, police pursuits and offences against police, while on parole and with a significant criminal history, requiring punishment, deterrence, denunciation and community protection. However, his deprived Indigenous background, early exposure to violence, alcohol and drug abuse and neglect substantially reduced his moral culpability, and his youth, need for drug and alcohol rehabilitation, relapse prevention, supervision and employment support justified special circumstances. An aggregate sentence of 4 years and 6 months...

Jurisdiction
Australia
Judgment Date
29 June 2017
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty and Committals for Sentence
Outcome
Full-time custodial sentence imposed by way of aggregate sentence.
Legal Topics
['aggravated Break, Enter and Steal' 'police Pursuit' 'take and Drive Conveyance Without Consent' 'aggregate Sentence' 'form 1' 'bugmy Principles' 'special Circumstances' 'parity' 'utilitarian Discount for Guilty Pleas']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'police Pursuit' 'take and Drive Conveyance Without Consent' 'aggregate Sentence' 'form 1' 'bugmy Principles' 'special Circumstances' 'parity' 'utilitarian Discount for Guilty Pleas']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty and Committals for Sentence

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for 12 offences and related offences on a s 166 certificate.' 'The objective seriousness of multiple break and enter, stealing, receiving, police pursuit, resisting and assault police offences.' "The effect of the offender's deprived Indigenous background, exposure to alcohol abuse, drug abuse, domestic violence and neglect on moral culpability." 'The relevance of general deterrence, specific deterrence, denunciation, criminal history and offending while on parole.' "Whether parity with the co-offender's sentence should affect Sequences 13 and 14." 'Whether special circumstances should be found to vary the statutory ratio between the non-parole period and balance of term.' 'Whether an aggregate sentence under s 53A of the Crime (Sentencing Procedure) Act 1999 was appropriate.']

Ratio Decidendi

The court imposed a full-time aggregate custodial sentence because the offender committed repeated serious offences, including aggravated break and enter offences, vehicle theft, police pursuits and offences against police, while on parole and with a significant criminal history, requiring punishment, deterrence, denunciation and community protection. However, his deprived Indigenous background, early exposure to violence, alcohol and drug abuse and neglect substantially reduced his moral culpability, and his youth, need for drug and alcohol rehabilitation, relapse prevention, supervision and employment support justified special circumstances. An aggregate sentence of 4 years and 6 months...

Court Disposition

Full-time custodial sentence imposed by way of aggregate sentence.

Orders

  • ['The offender was convicted of Sequences 4, 5, 7, 9, 12, 11, 13, 14, 15, 17, 18 and 1.' 'An aggregate sentence was imposed pursuant to s 53A of the Crime (Sentencing Procedure) Act 1999.' 'A non-parole period of 2 years and 6 months was set, commencing on 28 February 2016 and expiring on 27 August 2018.' 'A balance...