R v Christopher MENOUHOS; R v Dean Ian HORST; R v Daniel BEZJAK; R v James BUTTON [2017] NSWDC 421

R v Christopher MENOUHOS; R v Dean Ian HORST; R v Daniel BEZJAK; R v James BUTTON [2017] NSWDC 421

The Adamson Avenue offending was an objectively very serious home invasion involving planning, weapons, violence, occupants known to be inside and serious injury to Mr Harrison. The individual offences generally approached the mid-range of objective seriousness, and full-time imprisonment was the only appropriate penalty. Applying the limited discounts for very late guilty pleas where available, the offenders' subjective circumstances, criminal histories, need for deterrence, totality and aggregate sentencing principles, the Court imposed substantial aggregate custodial sentences with non-parole periods structured to allow extended parole supervision.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas by Bezjak and Button, Jury Verdicts for Horst and Menouhos, and Menouhos's Guilty Plea on Additional Matters
Outcome
All four offenders were convicted and sentenced to aggregate terms of imprisonment.
Legal Topics
['aggravated Break, Enter and Steal' 'reckless Wounding in Company' 'wound With Intent to Cause Grievous Bodily Harm' 'accessory After the Fact' 'home Invasion' 'joint Criminal Enterprise' 'aggregate Sentences' 'standard Non Parole Period' 'offending While on Bail']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'reckless Wounding in Company' 'wound With Intent to Cause Grievous Bodily Harm' 'accessory After the Fact' 'home Invasion' 'joint Criminal Enterprise' 'aggregate Sentences' 'standard Non Parole Period' 'offending While on Bail']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas by Bezjak and Button, Jury Verdicts for Horst and Menouhos, and Menouhos's Guilty Plea on Additional Matters

Legal Issues

  1. 1 ['What sentences should be imposed for the aggravated break, enter and steal, wounding, reckless wounding and accessory after the fact offences' 'The objective seriousness of the Adamson Avenue home invasion and the Hampden Road break and enter' 'The extent of any discount for the utility of guilty pleas' 'Whether aggregate sentences should be imposed and what indicative sentences should be specified' 'The relevance of subjective circumstances, prior criminal history, prospects of rehabilitation, remorse, specific deterrence and general deterrence']

Ratio Decidendi

The Adamson Avenue offending was an objectively very serious home invasion involving planning, weapons, violence, occupants known to be inside and serious injury to Mr Harrison. The individual offences generally approached the mid-range of objective seriousness, and full-time imprisonment was the only appropriate penalty. Applying the limited discounts for very late guilty pleas where available, the offenders' subjective circumstances, criminal histories, need for deterrence, totality and aggregate sentencing principles, the Court imposed substantial aggregate custodial sentences with non-parole periods structured to allow extended parole supervision.

Court Disposition

All four offenders were convicted and sentenced to aggregate terms of imprisonment.

Orders

  • ['Daniel Bezjak convicted on each count and sentenced to imprisonment for 7 years with a non-parole period of 5 years commencing 29 April 2015, expiring 28 April 2020, with a balance of term of 2 years expiring 28 April 2022; eligible for parole on 28 April 2020.' 'James Button convicted on each count and sentenced...