R v Williams [2018] NSWDC 526

R v Williams [2018] NSWDC 526

The aggravated break and enter was a very serious violent offence involving return to the premises with a knife, a threat to stab, a terrifying confrontation with the victim in his temporary home, damage to the office window, and a significant Form 1 larceny, warranting full-time imprisonment. The take and drive offence was opportunistic and towards the low end of objective seriousness. The sentence was moderated by the offender's early guilty plea, youth, limited intellect, limited remorse, need for rehabilitation and special circumstances, but his criminal record and risk of reoffending required specific deterrence. Because there were two victims but effectively one episode of...

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of three and a half years with a non-parole period of two years and four months.
Legal Topics
['assault With Intent to Rob in Circumstances of Aggravation' 'break and Enter' 'armed With Offensive Weapon' 'take and Drive a Conveyance' 'form 1 Offences' 'aggravating Factors' 'young Offender' 'accumulation, Concurrency and Totality']
['criminal Law' 'sentencing'] ['assault With Intent to Rob in Circumstances of Aggravation' 'break and Enter' 'armed With Offensive Weapon' 'take and Drive a Conveyance' 'form 1 Offences' 'aggravating Factors' 'young Offender' 'accumulation, Concurrency and Totality']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['Assessment of objective seriousness for the take and drive conveyance offence' 'Assessment of objective seriousness for the aggravated break and enter offence' "Whether the aggravated break and enter offence was aggravated because it was committed in the victim's temporary home" 'Whether the aggravating factor of being in company was made out beyond reasonable doubt' "The effect of the offender's youth, limited intellect, drug use, background, criminal history, guilty plea and guarded prospects of rehabilitation on sentence" 'Whether special circumstances justified a longer period on parole' 'Whether sentences should be accumulated given the two victims and one episode of criminality']

Ratio Decidendi

The aggravated break and enter was a very serious violent offence involving return to the premises with a knife, a threat to stab, a terrifying confrontation with the victim in his temporary home, damage to the office window, and a significant Form 1 larceny, warranting full-time imprisonment. The take and drive offence was opportunistic and towards the low end of objective seriousness. The sentence was moderated by the offender's early guilty plea, youth, limited intellect, limited remorse, need for rehabilitation and special circumstances, but his criminal record and risk of reoffending required specific deterrence. Because there were two victims but effectively one episode of...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of three and a half years with a non-parole period of two years and four months.

Orders

  • ['The offender is convicted of the two offences to which he pleaded guilty.' 'On the take and drive conveyance offence, there is an indicative sentence of 12 months imprisonment.' 'On the aggravated break and enter offence, there is an indicative sentence of three years imprisonment with an indicative non-parole...