R v Miller [2019] NSWDC 910

R v Miller [2019] NSWDC 910

The offending was objectively at the lower end for this type of offence because it was unplanned, impulsive, short-lived, involved some minor provocation, and the circumstance of aggravation and Form 1 matter did not substantially increase seriousness. The offender was entitled to a 25% discount for the early plea and had demonstrated remorse and prospects of rehabilitation, but his criminal history did not entitle him to leniency and deterrence, denunciation and punishment remained necessary. Special circumstances were found because of his rehabilitation prospects, drug-related difficulties and need for supervision and assistance on release, resulting in an 18 month term with a 9 month...

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty in the Local Court and Committal for Sentence to the District Court
Outcome
Convicted and sentenced to 18 months imprisonment with a non-parole period of 9 months.
Legal Topics
['aggravated Enter Dwelling With Intent Knowing People There' 'form 1 Offence' 'early Plea of Guilty' 'dysfunctional Upbringing' 'drug Use' 'adhd' 'prospects of Rehabilitation' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['aggravated Enter Dwelling With Intent Knowing People There' 'form 1 Offence' 'early Plea of Guilty' 'dysfunctional Upbringing' 'drug Use' 'adhd' 'prospects of Rehabilitation' 'special Circumstances' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty in the Local Court and Committal for Sentence to the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for an offence contrary to s 111(2) Crimes Act 1900, taking into account a Form 1 offence contrary to s 195(1)(a) Crimes Act 1900.' 'Whether the offender should receive a 25% discount for an early plea of guilty.' "How the offender's background of disadvantage, drug use, ADHD, impulsivity, remorse, criminal history and prospects of rehabilitation should affect sentence." 'Whether special circumstances should be found for the purposes of fixing the non-parole period.']

Ratio Decidendi

The offending was objectively at the lower end for this type of offence because it was unplanned, impulsive, short-lived, involved some minor provocation, and the circumstance of aggravation and Form 1 matter did not substantially increase seriousness. The offender was entitled to a 25% discount for the early plea and had demonstrated remorse and prospects of rehabilitation, but his criminal history did not entitle him to leniency and deterrence, denunciation and punishment remained necessary. Special circumstances were found because of his rehabilitation prospects, drug-related difficulties and need for supervision and assistance on release, resulting in an 18 month term with a 9 month...

Court Disposition

Convicted and sentenced to 18 months imprisonment with a non-parole period of 9 months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment with a non-parole period of 9 months commencing on 14 March 2019 and expiring on 13 December 2019.' 'The balance of sentence is 9 months, expiring on 13 September 2020.' 'The Form 1 matter was taken into account.' 'A finding of...