Regina v Lee Anthony Cruse [2008] NSWDC 206

Regina v Lee Anthony Cruse [2008] NSWDC 206

The bond breach was neither trivial nor excusable, so the bond had to be revoked and the suspended concurrent ten month sentences imposed from 1 July 2007. For the aggravated break and enter, although the offence was serious and aggravated by use or threatened use of knives, commission in the presence of the offender's three-year-old son, commission in the victims' home, commission while on a bond, the victim impact and the offender's serious criminal record, the offender's early guilty plea and the fact that the serious indictable offence committed inside was at the lower end of the range justified departure from the standard non-parole period. Taking the Form 1 offences into account,...

Jurisdiction
Australia
Judgment Date
30 May 2008
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea and Breach of Good Behaviour Bond
Outcome
Good behaviour bond revoked. Offender sentenced for aggravated break and enter to imprisonment for four years and eight months with a non-parole period of three years and six months.
Legal Topics
['breach of Bond' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'form 1 Offences' 'standard Non Parole Period' 'substance Abuse' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['breach of Bond' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'form 1 Offences' 'standard Non Parole Period' 'substance Abuse' 'victim Impact Statement']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea and Breach of Good Behaviour Bond

Legal Issues

  1. 1 ['Whether the good behaviour bond imposed on 8 March 2007 should be revoked for breach.' 'What sentence should be imposed for aggravated break and enter and commit a serious indictable offence contrary to s 112(2) of the Crimes Act 1900.' 'Whether there were reasons to set a non-parole period shorter than the standard non-parole period.' "How the offender's guilty plea, criminal record, substance abuse, remorse, rehabilitation prospects, victim impact statement and Form 1 offences should affect sentence."]

Ratio Decidendi

The bond breach was neither trivial nor excusable, so the bond had to be revoked and the suspended concurrent ten month sentences imposed from 1 July 2007. For the aggravated break and enter, although the offence was serious and aggravated by use or threatened use of knives, commission in the presence of the offender's three-year-old son, commission in the victims' home, commission while on a bond, the victim impact and the offender's serious criminal record, the offender's early guilty plea and the fact that the serious indictable offence committed inside was at the lower end of the range justified departure from the standard non-parole period. Taking the Form 1 offences into account,...

Court Disposition

Good behaviour bond revoked. Offender sentenced for aggravated break and enter to imprisonment for four years and eight months with a non-parole period of three years and six months.

Orders

  • ['Under section 98(3) of the Crimes (Sentencing Procedure) Act 1999 the good behaviour bond imposed by Judge McLaughlin on 8 March 2007 was revoked.' 'Pursuant to section 99(1)(c), for each of the two earlier offences the offender was sentenced to ten months imprisonment commencing on 1 July 2007 and expiring on 30...