R v Edward Christopher BOYD [2008] NSWDC 322

R v Edward Christopher BOYD [2008] NSWDC 322

The aggravated break, enter and steal offence was in the middle of the range of objective seriousness because a school was broken into and educational equipment was stolen. The offence involved planning, the offender was on bail, had a prior record, and general deterrence was required. Although the offender pleaded guilty early, expressed remorse, and had alcohol problems requiring special circumstances, his rehabilitation prospects could not be found to be good and a suspended sentence was not appropriate. A sentence of imprisonment with an effective overall sentence of 5 years and a 3 year non-parole period was imposed.

Jurisdiction
Australia
Judgment Date
05 December 2008
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Sentenced to imprisonment with an effective overall sentence consisting of 5 years with a 3 year non parole period.
Legal Topics
['aggravated Break, Enter and Steal' 'possession of House Breaking Equipment' 'standard Non Parole Period' 'guilty Plea Discount' 'alcohol Addiction' 'offending While on Bail' 'general Deterrence']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'possession of House Breaking Equipment' 'standard Non Parole Period' 'guilty Plea Discount' 'alcohol Addiction' 'offending While on Bail' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break, enter and steal from a school.' 'What sentence should be imposed for possession of house breaking equipment.' "Whether the offending involved planning and whether the offender's conditional liberty, prior record, remorse, guilty plea and alcohol addiction affected sentence." 'Whether a suspended sentence was available or appropriate.']

Ratio Decidendi

The aggravated break, enter and steal offence was in the middle of the range of objective seriousness because a school was broken into and educational equipment was stolen. The offence involved planning, the offender was on bail, had a prior record, and general deterrence was required. Although the offender pleaded guilty early, expressed remorse, and had alcohol problems requiring special circumstances, his rehabilitation prospects could not be found to be good and a suspended sentence was not appropriate. A sentence of imprisonment with an effective overall sentence of 5 years and a 3 year non-parole period was imposed.

Court Disposition

Sentenced to imprisonment with an effective overall sentence consisting of 5 years with a 3 year non parole period.

Orders

  • ['For possess housebreaking implements, a fixed term of imprisonment of 2 years was imposed.' 'For the aggravated break, enter and steal matter, a non-parole period was set to date from 17 June 2008 and expire on 16 June 2011.' 'For the aggravated break, enter and steal matter, a head sentence of 5 years was imposed.']