R v Malo [2018] NSWDC 443

R v Malo [2018] NSWDC 443

A sentence of imprisonment is warranted due to the objective seriousness of the offence, the offender's criminal history, the presence of aggravating and mitigating factors, and the failure to establish special circumstances for a departure from the statutory parole ratio. A 25% discount is applied for the early guilty plea.

Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a non-parole period of two years and three months, with a head sentence (after discount) of three years' imprisonment.
Legal Topics
['break and Enter' 'sentencing' 'special Circumstances']
['criminal Law'] ['break and Enter' 'sentencing' 'special Circumstances']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for Nacagilevu Dakulala Malo, who pleaded guilty to break and enter a dwelling house to commit a serious indictable offence under s112(1)(a) of the Crimes Act 1900?']

Ratio Decidendi

A sentence of imprisonment is warranted due to the objective seriousness of the offence, the offender's criminal history, the presence of aggravating and mitigating factors, and the failure to establish special circumstances for a departure from the statutory parole ratio. A 25% discount is applied for the early guilty plea.

Court Disposition

Offender sentenced to a non-parole period of two years and three months, with a head sentence (after discount) of three years' imprisonment.

Orders

  • ['Non-parole period of two years and three months commencing 29 May 2017 and expiring 28 August 2019' 'Eligible for parole on 28 August 2019' "Head sentence (after 25% discount) of three years' imprisonment"]