R v Mark Andrew HUGHES [2009] NSWDC 404

R v Mark Andrew HUGHES [2009] NSWDC 404

The offender committed a sustained series of serious property offences, including a middle-range aggravated break, enter and steal involving deprivation of liberty and confrontation of a householder, with many additional Form 1 offences and several offences committed while on bail. Although his drug addiction explained the context, it did not excuse the offending. His guilty pleas at the earliest opportunity warranted a 25 per cent discount, and remorse and lack of a significant prior record were taken into account, but good prospects of rehabilitation were not established. Special circumstances justified an adjusted non-parole ratio because this was his first time in custody and...

Jurisdiction
Australia
Judgment Date
03 November 2009
Procedural Posture
Criminal Sentencing / Sentence Following Pleas of Guilty
Outcome
The offender was convicted of each of the six offences and sentenced to an overall sentence of 8 years and 5 months with a non-parole period of 5 years and 5 months.
Legal Topics
['aggravated Break, Enter and Steal' 'break, Enter and Steal' 'destroy or Damage Property' 'form 1 Offences' 'drug Addiction' 'guilty Plea' 'conditional Liberty' 'remorse' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'break, Enter and Steal' 'destroy or Damage Property' 'form 1 Offences' 'drug Addiction' 'guilty Plea' 'conditional Liberty' 'remorse' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for six offences including aggravated break, enter and steal, break, enter and steal, and intentionally destroying or damaging property.' 'How the court should take into account Form 1 offences under s 32 of the Crimes (Sentencing Procedure) Act 1999.' "Whether the offender's earliest pleas of guilty, genuine remorse, drug addiction, lack of significant prior record, offences committed while on bail, and prospects of rehabilitation affected sentence." 'Whether special circumstances warranted adjustment of the ratio between the non-parole period and the balance of term.']

Ratio Decidendi

The offender committed a sustained series of serious property offences, including a middle-range aggravated break, enter and steal involving deprivation of liberty and confrontation of a householder, with many additional Form 1 offences and several offences committed while on bail. Although his drug addiction explained the context, it did not excuse the offending. His guilty pleas at the earliest opportunity warranted a 25 per cent discount, and remorse and lack of a significant prior record were taken into account, but good prospects of rehabilitation were not established. Special circumstances justified an adjusted non-parole ratio because this was his first time in custody and...

Court Disposition

The offender was convicted of each of the six offences and sentenced to an overall sentence of 8 years and 5 months with a non-parole period of 5 years and 5 months.

Orders

  • ['For the break, enter and steal from RailCorp between 1 and 4 October 2008, a fixed term of 9 months imprisonment commencing 1 December 2008 and expiring 31 August 2009.' 'For the break, enter and steal from the Castle Hill home between 5 and 8 October 2008, taking into account one Form 1 offence, a fixed term of...