R v Hona [2013] NSWDC 300

R v Hona [2013] NSWDC 300

A sentence of imprisonment was required because the offender attempted to enter Mr Murphy's dwelling with intent in circumstances of aggravation, while in company and knowing a person was inside, and while on conditional liberty. However, the aggravating circumstances were not at the most serious level, the intended offence was larceny, the offender pleaded guilty early, had spent four months and four days in custody, suffered significant injury from falling three storeys, and had support available for rehabilitation. Those factors justified an 18 month sentence of imprisonment with execution suspended on a good behaviour bond rather than immediate full-time custody.

Jurisdiction
Australia
Judgment Date
26 September 2013
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was sentenced to imprisonment for 18 months, with execution of the sentence suspended on entering a good behaviour bond for the period of the sentence.
Legal Topics
['attempt to Enter Dwelling House' 'circumstances of Aggravation' 'in Company' 'person Inside' 'suspended Sentence' 'good Behaviour Bond' 'drug Addiction' 'extra Judicial Punishment' 'parity']
['criminal Law' 'sentencing'] ['attempt to Enter Dwelling House' 'circumstances of Aggravation' 'in Company' 'person Inside' 'suspended Sentence' 'good Behaviour Bond' 'drug Addiction' 'extra Judicial Punishment' 'parity']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to enter a dwelling with intent in circumstances of aggravation.' 'Whether a s 11 remand should be ordered.' 'Whether the offender should serve full-time custody or receive a suspended sentence.' 'How to take into account the guilty plea, time already spent in custody, objective gravity, aggravating circumstances, extra-judicial punishment, criminal history, prospects of rehabilitation and parity submissions.']

Ratio Decidendi

A sentence of imprisonment was required because the offender attempted to enter Mr Murphy's dwelling with intent in circumstances of aggravation, while in company and knowing a person was inside, and while on conditional liberty. However, the aggravating circumstances were not at the most serious level, the intended offence was larceny, the offender pleaded guilty early, had spent four months and four days in custody, suffered significant injury from falling three storeys, and had support available for rehabilitation. Those factors justified an 18 month sentence of imprisonment with execution suspended on a good behaviour bond rather than immediate full-time custody.

Court Disposition

The offender was sentenced to imprisonment for 18 months, with execution of the sentence suspended on entering a good behaviour bond for the period of the sentence.

Orders

  • ['The offender is sentenced to imprisonment for a period of 18 months.' 'The execution of the sentence is suspended on the offender entering into a bond to be of good behaviour for the period of the sentence.' 'The offender is to be of good behaviour.' 'The offender is to refrain from committing any act of violence...