R v Lynne Maree THURLOW [2009] NSWDC 207

R v Lynne Maree THURLOW [2009] NSWDC 207

The aggravated break enter and steal was in the middle of the range of objective seriousness, particularly because an educational institution was targeted. A suspended sentence was inappropriate because of the length of sentence chosen and because the seriousness of the offending required genuine punishment. However, the offender's early guilty plea, admissions, remorse, extra-curial punishment from serious knee injuries, lack of prior custody, prospects of rehabilitation, lesser criminal history, and parity considerations justified a lesser sentence than Mr Boyd and service by periodic detention.

Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Criminal Sentencing / Sentence
Outcome
The offender was sentenced to imprisonment for both offences, with both sentences to be served by way of periodic detention.
Legal Topics
['aggravated Break, Enter and Steal' 'possess House Breaking Implements' 'standard Non Parole Period' 'guilty Plea Discount' 'parity' 'extra Curial Punishment' 'periodic Detention']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'possess House Breaking Implements' 'standard Non Parole Period' 'guilty Plea Discount' 'parity' 'extra Curial Punishment' 'periodic Detention']

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Procedural Posture

Criminal Sentencing / Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break enter and steal and possessing house breaking implements.' 'Whether the sentence should be suspended or served by way of periodic detention.' "Whether and how the offender's injuries suffered while fleeing police should be treated as extra-curial punishment." "What discount should be given for the offender's early guilty plea and admissions." 'How parity with the sentence imposed on Mr Boyd should affect the sentence.']

Ratio Decidendi

The aggravated break enter and steal was in the middle of the range of objective seriousness, particularly because an educational institution was targeted. A suspended sentence was inappropriate because of the length of sentence chosen and because the seriousness of the offending required genuine punishment. However, the offender's early guilty plea, admissions, remorse, extra-curial punishment from serious knee injuries, lack of prior custody, prospects of rehabilitation, lesser criminal history, and parity considerations justified a lesser sentence than Mr Boyd and service by periodic detention.

Court Disposition

The offender was sentenced to imprisonment for both offences, with both sentences to be served by way of periodic detention.

Orders

  • ['For the offence of aggravated break enter and steal, the offender is sentenced to imprisonment with a non-parole period of eighteen months and a head sentence of two and a half years.' 'For the offence of possessing house breaking implements, the offender is sentenced to imprisonment for a fixed term of six...