R v Rogers [2024] NSWDC 1

R v Rogers [2024] NSWDC 1

The Court found the offences were objectively slightly below the middle of the range but involved premeditation, disguise, home invasion, theft of a vehicle and offending while on parole. The offender's early guilty plea, remorse, drug addiction, mental health issues and difficult background reduced his moral culpability and supported rehabilitation prospects, but his criminal history and repeated disqualified driving remained serious. Taking into account the Form 1 and s 166 certificate matters, parity with the co-offender and special circumstances, the Court imposed an aggregate sentence of 2 years imprisonment with a non-parole period of 1 year and 5 months, backdated to 25 February 2023.

Jurisdiction
Australia
Judgment Date
25 January 2024
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Aggregate sentence of imprisonment imposed with a finding of special circumstances.
Legal Topics
['aggravated Enter Dwelling With Intent to Steal' 'steal Motor Vehicle' 'dishonestly Obtain Property by Deception' 'drive Motor Vehicle During Disqualification Period' 'possess Identity Plate Not on Correct Vehicle' 'form 1 Offences' 'section 166 Certificate' 'parole' 'special Circumstances' 'drug Addiction' 'moral Culpability']
['criminal Law' 'sentencing'] ['aggravated Enter Dwelling With Intent to Steal' 'steal Motor Vehicle' 'dishonestly Obtain Property by Deception' 'drive Motor Vehicle During Disqualification Period' 'possess Identity Plate Not on Correct Vehicle' 'form 1 Offences' 'section 166 Certificate' 'parole' 'special Circumstances' 'drug Addiction' 'moral Culpability']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated enter dwelling and stealing a motor vehicle, taking into account Form 1 and s 166 certificate matters.' "How the offender's early guilty plea, parole status, criminal history, drug addiction, mental health, background and remorse affected sentence." 'Whether special circumstances should be found to adjust the usual non-parole period ratio to support rehabilitation.']

Ratio Decidendi

The Court found the offences were objectively slightly below the middle of the range but involved premeditation, disguise, home invasion, theft of a vehicle and offending while on parole. The offender's early guilty plea, remorse, drug addiction, mental health issues and difficult background reduced his moral culpability and supported rehabilitation prospects, but his criminal history and repeated disqualified driving remained serious. Taking into account the Form 1 and s 166 certificate matters, parity with the co-offender and special circumstances, the Court imposed an aggregate sentence of 2 years imprisonment with a non-parole period of 1 year and 5 months, backdated to 25 February 2023.

Court Disposition

Aggregate sentence of imprisonment imposed with a finding of special circumstances.

Orders

  • ['In relation to the two matters before the Court for sentence, taking into account the 25% discount for the early plea of guilty and the matters on the Form 1 and s 166 certificate, the offender is sentenced to an aggregate sentence of 2 years imprisonment with a non-parole period of 1 year and 5 months.' 'The...