R v TAYLOR [2019] NSWDC 163

R v TAYLOR [2019] NSWDC 163

The aggravated break enter and steal offence was moderately below mid-range, but imprisonment was required because of the maximum penalty, the standard non-parole period, the ram-raid method, the seven Form 1 matters, the offender's prior record for similar offending, the need for general deterrence, and guarded rehabilitation prospects. The offender received a full 25% discount for the guilty plea and a significant finding of special circumstances because of youth, need for supervision and rehabilitation, reintegration needs, partial accumulation, totality, and risk of institutionalisation.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea in the Wagga Wagga Local Court, Adhered to at the Sentence Hearing in the Wagga Wagga District Court
Outcome
The offender was convicted on the s 166 certificate matters with no further penalty, and convicted and sentenced for aggravated break enter and commit indictable offence taking into account the Form 1 matters.
Legal Topics
['aggravated Break, Enter and Steal' 'form 1 Matters' 'regulatory Traffic Offences' 'special Circumstances' 'general Deterrence' 'guilty Plea Discount' 'bugmy Factors']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'form 1 Matters' 'regulatory Traffic Offences' 'special Circumstances' 'general Deterrence' 'guilty Plea Discount' 'bugmy Factors']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea in the Wagga Wagga Local Court, Adhered to at the Sentence Hearing in the Wagga Wagga District Court

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the aggravated break enter and steal offence contrary to s 112(2) of the Crimes Act, 1900' 'Effect of seven Form 1 matters on the sentence' 'Whether the seven regulatory traffic offences on the s 166 certificate should be dealt with under s 10A of the Crimes (Sentencing Procedure) Act, 1999' "Weight to be given to the offender's guilty plea and entitlement to a 25% discount" "Whether Bugmy factors reduced the offender's moral culpability" 'Need for general deterrence for a repeat break enter and steal offender' 'Whether special circumstances justified a longer parole period' "Application of totality and partial accumulation given the offender's existing sentence"]

Ratio Decidendi

The aggravated break enter and steal offence was moderately below mid-range, but imprisonment was required because of the maximum penalty, the standard non-parole period, the ram-raid method, the seven Form 1 matters, the offender's prior record for similar offending, the need for general deterrence, and guarded rehabilitation prospects. The offender received a full 25% discount for the guilty plea and a significant finding of special circumstances because of youth, need for supervision and rehabilitation, reintegration needs, partial accumulation, totality, and risk of institutionalisation.

Court Disposition

The offender was convicted on the s 166 certificate matters with no further penalty, and convicted and sentenced for aggravated break enter and commit indictable offence taking into account the Form 1 matters.

Orders

  • ['In respect of the seven matters attaching to the s 166 Certificate, the offender is convicted and each matter is dealt with pursuant to s 10A of the Crimes (Sentencing Procedure) Act with no further penalty.' 'In respect of sequence 22 on H 6816787, aggravated break enter and commit indictable offence, the...