R v Abdel-Aziz [2018] NSWDC 468

R v Abdel-Aziz [2018] NSWDC 468

Given the offender's guilty plea, youth, lack of significant prior convictions, low objective seriousness of the offence, social disadvantage, psychological vulnerabilities, and prospects for rehabilitation, a sentence of two years to be served by way of an intensive corrections order is appropriate.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal / Sentence
Outcome
Convicted; sentenced to two years' imprisonment to be served by way of intensive corrections order.
Legal Topics
['break and Enter' 'aggravated Burglary' 'joint Criminal Enterprise' 'sentencing' 'intensive Corrections Order']
['criminal Law'] ['break and Enter' 'aggravated Burglary' 'joint Criminal Enterprise' 'sentencing' 'intensive Corrections Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for an aggravated break and enter involving a young offender with prior good character?' 'How do parity, objective seriousness, and personal circumstances affect sentencing in this case?']

Ratio Decidendi

Given the offender's guilty plea, youth, lack of significant prior convictions, low objective seriousness of the offence, social disadvantage, psychological vulnerabilities, and prospects for rehabilitation, a sentence of two years to be served by way of an intensive corrections order is appropriate.

Court Disposition

Convicted; sentenced to two years' imprisonment to be served by way of intensive corrections order.

Orders

  • ['Conviction entered for aggravated break and enter and larceny.' "Sentenced to two years' imprisonment to be served by way of an intensive corrections order commencing 12 October 2018." 'Must report to Community Corrections Office at Bankstown within 48 hours of release from custody.' 'Must not commit any further...