R v Drollet [2021] NSWDC 27

R v Drollet [2021] NSWDC 27

The appropriate sentence is a full-time custodial sentence of 4 years and 6 months imprisonment, with a non-parole period of 2 years and 3 months, reflecting the objective seriousness of the crimes, aggravating factors (including offending in company and while on conditional liberty), but diminished by mental health issues and abusive relationship history. Aggregate sentencing and the principle of parity were applied, and special circumstances were recognized to structure the sentence.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: Maryanne Lillian Rita Drollet
Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed.
Legal Topics
Aggravated Larceny, Steal From Person, Sentencing, Aggregate Sentence, Parity in Sentencing, Community Correction Orders, Drug Addiction and Sentencing, Domestic Violence and Sentencing
Criminal Law Aggravated Larceny Steal From Person Sentencing Aggregate Sentence Parity in Sentencing Community Correction Orders Drug Addiction and Sentencing +1 more

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

Maryanne Lillian Rita Drollet

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple offences of aggravated steal from person and steal from person?
  2. 2 How do the offender's mental health, drug addiction, and history of domestic violence affect culpability and sentence?
  3. 3 Should special circumstances and parity principles modify the structure or duration of the sentence?

Ratio Decidendi

The appropriate sentence is a full-time custodial sentence of 4 years and 6 months imprisonment, with a non-parole period of 2 years and 3 months, reflecting the objective seriousness of the crimes, aggravating factors (including offending in company and while on conditional liberty), but diminished by mental health issues and abusive relationship history. Aggregate sentencing and the principle of parity were applied, and special circumstances were recognized to structure the sentence.

Court Disposition

Full-time custodial sentence imposed.

Orders

  • Convicted of four offences: three under s 95(1) Crimes Act 1900, one under s 94 Crimes Act 1900.
  • Aggregate sentence of 4 years and 6 months imprisonment under s 53A CSPA.