R v Hill [2021] NSWDC 333

R v Hill [2021] NSWDC 333

An aggregate sentence of 6 years with a non-parole period of 3 years 6 months is appropriate, reflecting the objective seriousness of multiple break and enter offences committed while on parole, Hill’s criminal history, but also accounting for his institutionalisation, psychological issues, attempts at rehabilitation, and the unique COVID-19 custodial context.

Jurisdiction
Australia
Judgment Date
22 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of 6 years imprisonment imposed with a non-parole period of 3 years 6 months (eligible for parole on 28 April 2024), taking into account all offences, including Form 1 matters, and other relevant factors.
Legal Topics
['break and Enter' 'sentencing' 'parole' 'aggregate Sentence']
['criminal Law'] ['break and Enter' 'sentencing' 'parole' 'aggregate Sentence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate aggregate sentence for multiple counts of break, enter and steal, and related offences committed by Nathan Troy Hill while on parole, taking into account his history, mitigating factors, and the COVID-19 context?' 'How should the sentence reflect the need for deterrence, punishment, recognition of harm, the offender’s background, and prospects for rehabilitation?']

Ratio Decidendi

An aggregate sentence of 6 years with a non-parole period of 3 years 6 months is appropriate, reflecting the objective seriousness of multiple break and enter offences committed while on parole, Hill’s criminal history, but also accounting for his institutionalisation, psychological issues, attempts at rehabilitation, and the unique COVID-19 custodial context.

Court Disposition

Aggregate sentence of 6 years imprisonment imposed with a non-parole period of 3 years 6 months (eligible for parole on 28 April 2024), taking into account all offences, including Form 1 matters, and other relevant factors.

Orders

  • ['Conviction entered for each matter for sentence as indicated: Sequence 1 (9 months), Sequence 3 (3 years), Sequence 7 (2 years), Sequence 10 (2 years), Sequence 12 (2 years 7 months), Sequence 13 (1 year 10 months).' 'Aggregate sentence of 6 years imprisonment commencing 29 October 2020.' 'Non-parole period of 3...