R v JERKIC, Ricky [2017] NSWDC 317

R v JERKIC, Ricky [2017] NSWDC 317

The offender committed multiple break and enter and related offences while on parole and with a lengthy criminal record. The objective seriousness and need for deterrence require a custodial sentence reflecting partial accumulation for totality. Form 1 offences, opportunism, drug dependency, and the impact of Queensland parole obligations inform the fixing of the sentence and non-parole period, with a finding of special circumstances to extend supervision and reflect accumulated periods. Mitigating factors are limited due to guarded prospects of rehabilitation and absence of remorse.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Criminal / Sentencing
Outcome
Custodial sentence imposed with partial accumulation for totality and finding of special circumstances.
Legal Topics
['break, Enter and Steal' 'form 1 Offences' 'taking and Driving Conveyance Without Consent' 'dishonestly Obtaining Property by Deception' 'resist Officer' 'sentencing' 'parole' 'special Circumstances' 'totality' 'drug Dependency']
['criminal Law'] ['break, Enter and Steal' 'form 1 Offences' 'taking and Driving Conveyance Without Consent' 'dishonestly Obtaining Property by Deception' 'resist Officer' 'sentencing' 'parole' 'special Circumstances' 'totality' 'drug Dependency']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple break and enter, theft, and related offences' 'Consideration of Form 1 offences in sentencing' 'Aggravating and mitigating factors' 'Impact of drug dependency on sentencing' 'Balancing parole to be served and totality in determination of non-parole period' 'Effect of Queensland parole obligations' 'Application of special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999' 'Issues of concurrency, accumulation, and totality in sentencing']

Ratio Decidendi

The offender committed multiple break and enter and related offences while on parole and with a lengthy criminal record. The objective seriousness and need for deterrence require a custodial sentence reflecting partial accumulation for totality. Form 1 offences, opportunism, drug dependency, and the impact of Queensland parole obligations inform the fixing of the sentence and non-parole period, with a finding of special circumstances to extend supervision and reflect accumulated periods. Mitigating factors are limited due to guarded prospects of rehabilitation and absence of remorse.

Court Disposition

Custodial sentence imposed with partial accumulation for totality and finding of special circumstances.

Orders

  • ['On 29 May 2016 offence (break, enter, steal): conviction and sentence of two years, six months imprisonment, commencing 22 July 2016 and expiring 21 January 2019.' 'On 1 June 2016 offence (break, enter, steal): conviction and sentence of one year, six months imprisonment (non-parole) to commence 22 September 2017,...