R v Cooper [2019] NSWDC 968

R v Cooper [2019] NSWDC 968

The offences were around the midrange of objective seriousness: entry was obtained by deception rather than physical breaking, but the offender planned the offending by presenting as a workman, used false identification or devices, targeted mainly elderly or older victims in their homes, stole amounts significant to victims of limited means, and committed the Paddington offences while on bail for similar Redfern offences. The Redfern pleas were late and warranted about a 15% discount, while the Paddington pleas were early and warranted a 25% discount. The offender's long history of similar offending, limited insight, and uncertain prospects of rehabilitation required custodial aggregate...

Jurisdiction
Australia
Judgment Date
25 March 2019
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
The offender was convicted on each offence and sentenced to aggregate custodial sentences for the Redfern and Paddington offences, with five Form 1 offences taken into account and an overall sentence of 4 years and 6 months with an overall non-parole period of 3 years.
Legal Topics
['aggravated Break, Enter and Steal' 'aggravated Break and Enter With Intent to Steal' 'form 1 Offences' 'aggregate Sentence' 'plea of Guilty Discount' 'offending While on Bail' 'property Offences']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'aggravated Break and Enter With Intent to Steal' 'form 1 Offences' 'aggregate Sentence' 'plea of Guilty Discount' 'offending While on Bail' 'property Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for two groups of aggravated property offences committed by the offender in Redfern and Paddington.' 'What discount should be allowed for late guilty pleas to the Redfern offences and early guilty pleas to the Paddington offences.' 'How the five Form 1 offences should be taken into account when sentencing for count 1 of the Redfern offences.' 'How objective seriousness should be assessed where entry was obtained by deception from mainly elderly victims in their homes.' "How the offender's prior similar offending, limited insight, and uncertain prospects of rehabilitation should affect sentence."]

Ratio Decidendi

The offences were around the midrange of objective seriousness: entry was obtained by deception rather than physical breaking, but the offender planned the offending by presenting as a workman, used false identification or devices, targeted mainly elderly or older victims in their homes, stole amounts significant to victims of limited means, and committed the Paddington offences while on bail for similar Redfern offences. The Redfern pleas were late and warranted about a 15% discount, while the Paddington pleas were early and warranted a 25% discount. The offender's long history of similar offending, limited insight, and uncertain prospects of rehabilitation required custodial aggregate...

Court Disposition

The offender was convicted on each offence and sentenced to aggregate custodial sentences for the Redfern and Paddington offences, with five Form 1 offences taken into account and an overall sentence of 4 years and 6 months with an overall non-parole period of 3 years.

Orders

  • ['Convicted on each offence.' 'For sequences 1 and 7 in the ex officio indictment, sentenced to an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 of 3 years and 6 months commencing 10 July 2017 and expiring on 9 January 2021, comprising an aggregate non-parole period of 2 years...