R v GREEN [2022] NSWDC 270

R v GREEN [2022] NSWDC 270

Because the offender committed numerous commercial break and enter offences in company, had a significant criminal history and breached conditional liberty, and because general and specific deterrence were important, no sentence other than full-time imprisonment was appropriate. The Form 1 matters required a meaningful increase in the sentence, and the Boleek Jewellers offence made the offender's sentence greater than the co-offender's. The offender received the full 25% discount for guilty pleas, Bugmy principles reduced his moral culpability to a significant extent, and special circumstances justified an aggregate sentence of 5 years 6 months with a non-parole period of 3 years 4 months.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty After Committal for Sentence From the Wagga Wagga Local Court
Outcome
The offender was convicted and sentenced to an aggregate sentence of 5 years 6 months with a non-parole period of 3 years 4 months.
Legal Topics
['aggravated Break Enter and Steal' 'aggravated Break Enter With Intent to Steal' 'form 1 Offences' 'parity With Co Offender' 'prior Convictions' 'general Deterrence' 'bugmy Principles' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing'] ['aggravated Break Enter and Steal' 'aggravated Break Enter With Intent to Steal' 'form 1 Offences' 'parity With Co Offender' 'prior Convictions' 'general Deterrence' 'bugmy Principles' 'special Circumstances' 'aggregate Sentence']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty After Committal for Sentence From the Wagga Wagga Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for multiple aggravated break and enter offences and related Form 1 matters.' 'How the Form 1 matters should affect the ultimate sentence.' 'Whether parity with the co-offender Simon Mitchell affected the sentence.' "Whether the offender's deprived background enlivened Bugmy principles and reduced moral culpability." 'Whether special circumstances justified a non-parole period less than the statutory ratio.' 'Whether full-time imprisonment was the only appropriate sentencing option.']

Ratio Decidendi

Because the offender committed numerous commercial break and enter offences in company, had a significant criminal history and breached conditional liberty, and because general and specific deterrence were important, no sentence other than full-time imprisonment was appropriate. The Form 1 matters required a meaningful increase in the sentence, and the Boleek Jewellers offence made the offender's sentence greater than the co-offender's. The offender received the full 25% discount for guilty pleas, Bugmy principles reduced his moral culpability to a significant extent, and special circumstances justified an aggregate sentence of 5 years 6 months with a non-parole period of 3 years 4 months.

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of 5 years 6 months with a non-parole period of 3 years 4 months.

Orders

  • ['In respect of each of the matters to which the offender has pleaded guilty he is convicted.' 'Consequent upon those convictions the offender is sentenced to an aggregate sentence of 5 years 6 months with a non-parole period of 3 years 4 months.' 'The non-parole period is to date from 16 December 2020 and will...