R v Bolin [2019] NSWDC 744

R v Bolin [2019] NSWDC 744

The offender's offences were serious and aggravated by being committed while on bail, in the victim's home, and against a background of similar offending, but his dysfunctional childhood, untreated bipolar disorder, genuine remorse, early guilty pleas, and good prospects of rehabilitation justified an aggregate sentence of 4 years and 6 months with special circumstances fixing a non-parole period of 2 years and 3 months.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Aggregate term of imprisonment of 4 years 6 months; with a non parole period of 2 years 3 months.
Legal Topics
['aggravated Enter Dwelling With Intent to Commit a Serious Indictable Offence' 'intimidation' 'contravention of Apprehended Domestic Violence Order' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'domestic Violence'] ['aggravated Enter Dwelling With Intent to Commit a Serious Indictable Offence' 'intimidation' 'contravention of Apprehended Domestic Violence Order' 'aggregate Sentence' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated enter dwelling with intent to commit a serious indictable offence, intimidation, and contravening an apprehended domestic violence order.' "Whether aggravating factors including offending while on bail, offending in the victim's home, and prior similar offending increased the seriousness of the offences." "Whether the offender's dysfunctional background, mental illness, remorse, guilty pleas, and prospects of rehabilitation mitigated sentence." 'Whether special circumstances justified varying the ratio between the head sentence and the non-parole period.']

Ratio Decidendi

The offender's offences were serious and aggravated by being committed while on bail, in the victim's home, and against a background of similar offending, but his dysfunctional childhood, untreated bipolar disorder, genuine remorse, early guilty pleas, and good prospects of rehabilitation justified an aggregate sentence of 4 years and 6 months with special circumstances fixing a non-parole period of 2 years and 3 months.

Court Disposition

Aggregate term of imprisonment of 4 years 6 months; with a non parole period of 2 years 3 months.

Orders

  • ['An aggregate sentence of 4 years and 6 months is imposed.' 'The sentence is to date from 2 April 2019 so as to partially accumulate with the sentence for the offence committed on 14 June 2018.' 'Special circumstances are found to vary the ratio of the head sentence to the non-parole period.' 'A non-parole period...