R v Dennis Wilson [2008] NSWDC 11

R v Dennis Wilson [2008] NSWDC 11

The offence required imprisonment because the offender entered accommodation premises in the early morning by scaling a building and entering through a bathroom window, intending to steal while knowing or believing persons were present. Although there was no violence, no theft and the criminality was low range, the offence required general and specific deterrence given the offender's significant prior record, prior similar offences, lack of genuine remorse, and poor history under supervision. Fernando factors, the offender's age, limited prospects of rehabilitation and available family support justified a more lenient sentence and special circumstances reducing the non-parole ratio to...

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Criminal / Sentence Following Jury Conviction After Trial
Outcome
The offender was formally convicted and sentenced to imprisonment.
Legal Topics
['aggravated Enter Dwelling House With Intent to Steal' 'knowing That a Person or Persons Were in the Place Where the Offence Was Committed' 'cctv Identification Evidence' 'drug Dependency' 'aboriginal Offender Sentencing Factors' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Enter Dwelling House With Intent to Steal' 'knowing That a Person or Persons Were in the Place Where the Offence Was Committed' 'cctv Identification Evidence' 'drug Dependency' 'aboriginal Offender Sentencing Factors' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal / Sentence Following Jury Conviction After Trial

Legal Issues

  1. 1 ['What sentence should be imposed for entering a dwelling house with intent to steal in circumstances of aggravation.' 'Whether aggravating factors including planning or organised criminal activity were present.' 'Whether the offender showed remorse or contrition.' 'Whether Fernando factors applied to reduce the sentence otherwise imposed.' 'Whether special circumstances justified reducing the statutory ratio between the non-parole period and the head sentence.']

Ratio Decidendi

The offence required imprisonment because the offender entered accommodation premises in the early morning by scaling a building and entering through a bathroom window, intending to steal while knowing or believing persons were present. Although there was no violence, no theft and the criminality was low range, the offence required general and specific deterrence given the offender's significant prior record, prior similar offences, lack of genuine remorse, and poor history under supervision. Fernando factors, the offender's age, limited prospects of rehabilitation and available family support justified a more lenient sentence and special circumstances reducing the non-parole ratio to...

Court Disposition

The offender was formally convicted and sentenced to imprisonment.

Orders

  • ['The offender is formally convicted.' 'The offender is sentenced to a non-parole period of 16 months imprisonment to date from 1 March 2007, and to expire on 30 June 2008.' 'The balance of the term will be one of 8 months which will expire on 28 February 2009.']