R v Mitchell PERRINGTON [2012] NSWDC 55

R v Mitchell PERRINGTON [2012] NSWDC 55

Although the offence required imprisonment and the offender had prior convictions for break, enter and steal, the offending was well below the middle of the range of objective seriousness, planning was limited, the offender pleaded guilty at the earliest opportunity, assisted and remained willing to assist authorities, showed genuine remorse and contrition by making provision for compensation, had effectively served time in custody and residential rehabilitation, and had very good prospects of rehabilitation. Those matters reduced the appropriate commencement sentence of 3 years to 2 years and justified suspending the whole sentence under s 12 because of the offender's significant...

Jurisdiction
Australia
Judgment Date
01 February 2012
Procedural Posture
Criminal Sentencing for Aggravated Break, Enter and Steal / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to 2 years imprisonment, wholly suspended for 2 years on condition of entering a good behaviour bond for 2 years.
Legal Topics
['aggravated Break, Enter and Steal' 'suspended Sentence' 'good Behaviour Bond' 'guilty Plea' 'assistance to Authorities' 'contrition and Remorse' 'rehabilitation' 'prior Criminality' 'compensation']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'suspended Sentence' 'good Behaviour Bond' 'guilty Plea' 'assistance to Authorities' 'contrition and Remorse' 'rehabilitation' 'prior Criminality' 'compensation']

Case Brief

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Procedural Posture

Criminal Sentencing for Aggravated Break, Enter and Steal / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the offence of aggravated break, enter and steal.' 'Whether the sentence should be reduced for the early plea of guilty and assistance to authorities.' "Whether the offender's remorse, provision for compensation, background, time in custody, residential rehabilitation and prospects of rehabilitation justified a sentence of 2 years or less and suspension of that sentence."]

Ratio Decidendi

Although the offence required imprisonment and the offender had prior convictions for break, enter and steal, the offending was well below the middle of the range of objective seriousness, planning was limited, the offender pleaded guilty at the earliest opportunity, assisted and remained willing to assist authorities, showed genuine remorse and contrition by making provision for compensation, had effectively served time in custody and residential rehabilitation, and had very good prospects of rehabilitation. Those matters reduced the appropriate commencement sentence of 3 years to 2 years and justified suspending the whole sentence under s 12 because of the offender's significant...

Court Disposition

Convicted and sentenced to 2 years imprisonment, wholly suspended for 2 years on condition of entering a good behaviour bond for 2 years.

Orders

  • ['The accused is convicted of aggravated break, enter and steal.' 'A sentence of imprisonment of 2 years is imposed.' 'Under s 12 of the Crimes (Sentencing Procedure) Act 1999, execution of the whole sentence is suspended for the whole period of 2 years.' 'The accused is to be released from custody on condition that...