R v Jarrod Smith [2018] NSWDC 208

R v Jarrod Smith [2018] NSWDC 208

The sentence must reflect the objective seriousness of the break and enter and the assault, both of which are at the lower end of the spectrum for these offences due to their spontaneous nature and absence of aggravating factors. The offender’s criminal history is not significant, but he is not of good character or remorseful. His prospects of rehabilitation are good, and special circumstances are found, justifying a custodial sentence with a longer parole period. Full-time imprisonment is necessary for the purposes of punishment and general deterrence.

Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Convicted and sentenced to an aggregate term of imprisonment with a non-parole period and parole recommendation.
Legal Topics
['break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing Principles']
['criminal Law'] ['break and Enter' 'assault Occasioning Actual Bodily Harm' 'sentencing Principles']

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Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['What is the appropriate sentence for break and enter with intent to commit a serious indictable offence under s 113(2) of the Crimes Act 1900 (NSW) and assault occasioning actual bodily harm under s 59(1)?' 'Are there any aggravating or mitigating circumstances affecting sentence?' 'What is the objective seriousness of the offending and what are the prospects of rehabilitation?']

Ratio Decidendi

The sentence must reflect the objective seriousness of the break and enter and the assault, both of which are at the lower end of the spectrum for these offences due to their spontaneous nature and absence of aggravating factors. The offender’s criminal history is not significant, but he is not of good character or remorseful. His prospects of rehabilitation are good, and special circumstances are found, justifying a custodial sentence with a longer parole period. Full-time imprisonment is necessary for the purposes of punishment and general deterrence.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment with a non-parole period and parole recommendation.

Orders

  • ['The Offender is convicted on each count and sentenced by way of an aggregate sentence.' 'The Offender is sentenced to serve an aggregate term of 2 years and 4 months imprisonment to date from 15 January 2018 and to expire on 14 May 2020.' 'The Offender is to serve a non-parole period of 15 months to date from 15...