R v AD [2011] NSWDC 134

R v AD [2011] NSWDC 134

Despite the offender's youth, difficult upbringing, rehabilitation, remorse and the application of s 6 of the Children (Criminal Proceedings) Act, the objective gravity of breaking into an elderly woman's home, pushing past her and causing injuries with severe consequences required a significant custodial sentence, reduced by 25 per cent for the guilty plea and structured with special circumstances to allow extended parole supervision.

Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Criminal Sentence / Sentence Following Plea of Guilty to Aggravated Break, Enter and Steal
Outcome
Dealt with according to law; sentenced to imprisonment with a non-parole period of 2 years and a head sentence of 4 years, the whole term to be served as a juvenile offender.
Legal Topics
['aggravated Break, Enter and Steal' 'juvenile Offender' 'non Parole Period' 'guilty Plea Discount' 'victim Impact' 'special Circumstances' 'rehabilitation and Reintegration']
['criminal Law' 'sentencing' 'juvenile Justice'] ['aggravated Break, Enter and Steal' 'juvenile Offender' 'non Parole Period' 'guilty Plea Discount' 'victim Impact' 'special Circumstances' 'rehabilitation and Reintegration']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Plea of Guilty to Aggravated Break, Enter and Steal

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and steal committed by a juvenile offender against an elderly victim who suffered serious consequences.' 'How the principles in s 6 of the Children (Criminal Proceedings) Act should affect sentence.' "Whether the victim's physical consequences should be taken into account in sentencing." "What discount should be allowed for the offender's guilty plea." 'Whether special circumstances warranted an extended period of parole supervision.']

Ratio Decidendi

Despite the offender's youth, difficult upbringing, rehabilitation, remorse and the application of s 6 of the Children (Criminal Proceedings) Act, the objective gravity of breaking into an elderly woman's home, pushing past her and causing injuries with severe consequences required a significant custodial sentence, reduced by 25 per cent for the guilty plea and structured with special circumstances to allow extended parole supervision.

Court Disposition

Dealt with according to law; sentenced to imprisonment with a non-parole period of 2 years and a head sentence of 4 years, the whole term to be served as a juvenile offender.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of two years is set to date from 3 August 2009 and expire on 2 August 2011.' 'A head sentence of four years is set.' 'The offender is eligible to be released to parole on 2 August 2011.' 'An order is made under s 19 of the Children (Criminal...