R v Brandon; R v Flaus [2014] NSWDC 337

R v Brandon; R v Flaus [2014] NSWDC 337

Because the offences were at the very low end of objective seriousness, had no aggravating factors under s 21A, were immature and childish, the offenders were young, pleaded guilty at the earliest available opportunity, and imprisonment was not appropriate after considering alternatives under s 5, each offender should be sentenced to a two year good behaviour bond under s 9 rather than imprisonment.

Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty at the Earliest Available Opportunity
Outcome
Andrew Brandon and Jason Flaus were each sentenced to a two year good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
Legal Topics
['aggravated Break, Enter and Steal in Company' 'property Offences' 'good Behaviour Bond' 'youth of Offenders' 'parity Principle for Co Offenders' 'guilty Plea Discount' 'objective Seriousness']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal in Company' 'property Offences' 'good Behaviour Bond' 'youth of Offenders' 'parity Principle for Co Offenders' 'guilty Plea Discount' 'objective Seriousness']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty at the Earliest Available Opportunity

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of aggravated break, enter and steal in company contrary to s 112(2) of the Crimes Act 1900 (NSW).' "Whether the objective seriousness of the offences and the offenders' youth, guilty pleas and mitigating circumstances made non-custodial sentences available." 'Whether the parity principle was relevant where co-offenders were juveniles.' 'Whether Mr Flaus was entitled to a discount under R v Ellis (1986) 6 NSWLR 603.']

Ratio Decidendi

Because the offences were at the very low end of objective seriousness, had no aggravating factors under s 21A, were immature and childish, the offenders were young, pleaded guilty at the earliest available opportunity, and imprisonment was not appropriate after considering alternatives under s 5, each offender should be sentenced to a two year good behaviour bond under s 9 rather than imprisonment.

Court Disposition

Andrew Brandon and Jason Flaus were each sentenced to a two year good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Orders

  • ['Andrew Brandon is to enter into a good behaviour bond for two years under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Jason Flaus is to enter into a good behaviour bond for two years under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Each offender must be of good behaviour, notify the...