R v Bene [2020] NSWDC 397

R v Bene [2020] NSWDC 397

A term of 3 years 2 months imprisonment with a non-parole period of 1 year 11 months is appropriate, taking into account the offender’s youth, the late guilty plea, aggravating factors, guarded rehabilitation prospects, and the need for parity with the co-offender.

Jurisdiction
Australia
Judgment Date
24 July 2020
Procedural Posture
Criminal / Sentencing
Outcome
Term of imprisonment imposed with special circumstances; offender eligible for parole.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'sentencing' 'joint Criminal Enterprise']
['criminal Law'] ['assault Occasioning Actual Bodily Harm' 'sentencing' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for assault occasioning actual bodily harm whilst in company' 'Application of joint criminal enterprise liability' 'Assessment of objective seriousness and aggravating factors' 'Leniency for youth' 'Remorse and rehabilitation' 'Parity with co-offender']

Ratio Decidendi

A term of 3 years 2 months imprisonment with a non-parole period of 1 year 11 months is appropriate, taking into account the offender’s youth, the late guilty plea, aggravating factors, guarded rehabilitation prospects, and the need for parity with the co-offender.

Court Disposition

Term of imprisonment imposed with special circumstances; offender eligible for parole.

Orders

  • ['Imprisonment for 3 years 2 months from 25 August 2018' 'Non-parole period of 1 year 11 months, expiring 24 July 2020' 'Balance of 1 year 3 months from 25 July 2020, expiring 24 October 2021' 'Psychological report of Dr Klamer dated 25 June 2020 to follow the warrant']