R v Stewart [2018] NSWDC 170

R v Stewart [2018] NSWDC 170

An aggregate sentence of 3 years imprisonment with an 18 month non-parole period was appropriate because the offences arose from one episode of criminality and warranted concurrent sentences, the offending was below mid-range and involved relatively low and replaceable loss, but the offender had a substantial record for dishonesty, committed the offences while on conditional liberty and for financial gain, and general and specific deterrence were important. The guilty plea warranted a 25% discount, totality and accumulation required the sentence to commence on 10 September 2018, and the offender's youth, drug addiction and rehabilitative steps supported a finding of special circumstances...

Jurisdiction
Australia
Judgment Date
02 July 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 18 months, with special circumstances found and referral to the Drug Court – Compulsory Drug Treatment Correctional Centre.
Legal Topics
['aggravated Entering With Intent' 'larceny' 'form 1 Offences' 'plea of Guilty' 'aggravating Factors' 'mitigating Factors' 'special Circumstances' 'drug Addiction']
['criminal Law' 'sentencing'] ['aggravated Entering With Intent' 'larceny' 'form 1 Offences' 'plea of Guilty' 'aggravating Factors' 'mitigating Factors' 'special Circumstances' 'drug Addiction']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What aggregate term of imprisonment and non-parole period should be imposed for aggravated entering with intent and larceny, taking Form 1 matters into account.' 'How the sentence should take account of totality, accumulation and the commencement date given existing sentences.' 'Whether special circumstances should be found and referral made to the Drug Court – Compulsory Drug Treatment Correctional Centre.']

Ratio Decidendi

An aggregate sentence of 3 years imprisonment with an 18 month non-parole period was appropriate because the offences arose from one episode of criminality and warranted concurrent sentences, the offending was below mid-range and involved relatively low and replaceable loss, but the offender had a substantial record for dishonesty, committed the offences while on conditional liberty and for financial gain, and general and specific deterrence were important. The guilty plea warranted a 25% discount, totality and accumulation required the sentence to commence on 10 September 2018, and the offender's youth, drug addiction and rehabilitative steps supported a finding of special circumstances...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 18 months, with special circumstances found and referral to the Drug Court – Compulsory Drug Treatment Correctional Centre.

Orders

  • ['The offender is convicted of each offence.' 'The indicative sentence for Sequence 008, taking into account the Form 1 matters, is 3 years.' 'The indicative sentence for Sequence 009 is 1 year.' 'An aggregate sentence of imprisonment of 3 years is imposed to commence on 10 September 2018 and expire on 9 September...