Regina v Caine FOX [2020] NSWDC 329

Regina v Caine FOX [2020] NSWDC 329

Having regard to the objective seriousness of the multiple property and driving offences, the offender's guilty pleas, criminal history and breach of parole, the limited impact of the Form 1 matters, the reduction in moral culpability arising from Bugmy factors, totality, and the need for intensive supervision and rehabilitation, an aggregate sentence of 5 years and 3 months with a non-parole period of 3 years and 3 months dating from 7 April 2019 was appropriate, with special circumstances justifying a non-parole period of approximately 62% of the total sentence.

Jurisdiction
Australia
Judgment Date
03 July 2020
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 3 years and 3 months commencing 7 April 2019 and expiring 6 July 2022, with a balance of term expiring 6 July 2024.
Legal Topics
['aggravated Break Enter and Steal' 'break Enter and Steal' 'dishonestly Obtain Financial Advantage' 'deal With Proceeds of Crime' 'take and Drive Conveyance' 'drive Manner Dangerous in Police Pursuit' 'break and Enter With Intent' 'form 1 Matters' 'bugmy Factors' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break Enter and Steal' 'break Enter and Steal' 'dishonestly Obtain Financial Advantage' 'deal With Proceeds of Crime' 'take and Drive Conveyance' 'drive Manner Dangerous in Police Pursuit' 'break and Enter With Intent' 'form 1 Matters' 'bugmy Factors' 'special Circumstances']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for multiple offences including aggravated break enter and steal, break enter and steal, dishonestly obtain financial advantage, dealing with proceeds of crime, taking and driving a conveyance, driving in a manner dangerous in a police pursuit, and break and enter with intent.' 'What practical impact the eight Form 1 matters should have on the sentence for the aggravated break enter and steal offence.' "Whether the offender's deprived childhood and Indigenous background enlivened the principles in Bugmy v The Queen and reduced his moral culpability." 'Whether the sentence should be backdated to the date of parole revocation or another date, having regard to totality.' 'Whether special circumstances justified a non-parole period lower than the statutory ratio.']

Ratio Decidendi

Having regard to the objective seriousness of the multiple property and driving offences, the offender's guilty pleas, criminal history and breach of parole, the limited impact of the Form 1 matters, the reduction in moral culpability arising from Bugmy factors, totality, and the need for intensive supervision and rehabilitation, an aggregate sentence of 5 years and 3 months with a non-parole period of 3 years and 3 months dating from 7 April 2019 was appropriate, with special circumstances justifying a non-parole period of approximately 62% of the total sentence.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years and 3 months with a non-parole period of 3 years and 3 months commencing 7 April 2019 and expiring 6 July 2022, with a balance of term expiring 6 July 2024.

Orders

  • ['In respect of the matters to which the offender has pleaded guilty he is convicted.' 'In respect of the charge of Driving While Unlicensed attaching to the Certificate pursuant to s 166 of the Criminal Procedure Act the offender is convicted and no further penalty imposed.' 'In respect of the charge of Drive...