R v Gaul [2014] NSWDC 306

R v Gaul [2014] NSWDC 306

Although the aggravated break, enter and steal offence was serious and committed while the offender was on bail, it was at the lower end of seriousness, there was no previous history of similar offending, the offender pleaded guilty at the earliest opportunity, showed genuine remorse, had already spent about six months in custody, was strongly deterred by custody, had a settled plan for accommodation and employment, and required supervised community support for rehabilitation. A sentence of two years imprisonment after a 25% discount was therefore wholly suspended under s 12 on a two year good behaviour bond.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Criminal Sentence for Aggravated Break, Enter and Steal / Sentencing After Plea of Guilty
Outcome
The offender was convicted and sentenced to two years imprisonment, wholly suspended on condition that he enter into a good behaviour bond for two years.
Legal Topics
['aggravated Break, Enter and Steal' 'guilty Plea Discount' 'suspended Sentence' 'good Behaviour Bond' 'form 1 Offences' 'prior Criminality' 'conditional Liberty' 'drug and Alcohol Rehabilitation']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'guilty Plea Discount' 'suspended Sentence' 'good Behaviour Bond' 'form 1 Offences' 'prior Criminality' 'conditional Liberty' 'drug and Alcohol Rehabilitation']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and steal committed in company after an early guilty plea.' 'Whether the sentence should be served by full-time custody or wholly suspended on a good behaviour bond.' "What weight should be given to the offender's prior record, offending while on bail, time already spent in custody, remorse, mental health issues, drug and alcohol problems, and rehabilitation prospects."]

Ratio Decidendi

Although the aggravated break, enter and steal offence was serious and committed while the offender was on bail, it was at the lower end of seriousness, there was no previous history of similar offending, the offender pleaded guilty at the earliest opportunity, showed genuine remorse, had already spent about six months in custody, was strongly deterred by custody, had a settled plan for accommodation and employment, and required supervised community support for rehabilitation. A sentence of two years imprisonment after a 25% discount was therefore wholly suspended under s 12 on a two year good behaviour bond.

Court Disposition

The offender was convicted and sentenced to two years imprisonment, wholly suspended on condition that he enter into a good behaviour bond for two years.

Orders

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