R v Dawson [2014] NSWDC 260

R v Dawson [2014] NSWDC 260

Having regard to the seriousness of the aggravated break, enter and steal offence, the offender’s prior criminal record, the aggravating factor of being on parole, the benefit of an early plea of guilty warranting a sentencing discount, and special circumstances including risk of institutionalisation and need for parole support, a sentence of three years' imprisonment with a non-parole period of one year and ten months is appropriate.

Jurisdiction
Australia
Judgment Date
12 November 2014
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced.
Legal Topics
['aggravated Break, Enter and Steal' 'sentencing' 'parole' 'prior Criminality' 'plea of Guilty' 'principle of Totality' 'rehabilitation' 'special Circumstances']
['criminal Law'] ['aggravated Break, Enter and Steal' 'sentencing' 'parole' 'prior Criminality' 'plea of Guilty' 'principle of Totality' 'rehabilitation' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and steal' 'Application of the principle of parity between co-offenders' 'Consideration of special circumstances for non-parole period adjustment' 'Totality principle in sentencing' 'Effect of an early guilty plea']

Ratio Decidendi

Having regard to the seriousness of the aggravated break, enter and steal offence, the offender’s prior criminal record, the aggravating factor of being on parole, the benefit of an early plea of guilty warranting a sentencing discount, and special circumstances including risk of institutionalisation and need for parole support, a sentence of three years' imprisonment with a non-parole period of one year and ten months is appropriate.

Court Disposition

Offender convicted and sentenced.

Orders

  • ['Convict Glen Wayne Dawson of aggravated break, enter and steal.' 'Sentence offender to three years’ imprisonment, commencing 6 November 2014 and expiring 5 November 2017.' 'Fix a non-parole period of one year and ten months, commencing 6 November 2014 and expiring 5 September 2016.' 'Order release on parole 5...