R v Connelly [2019] NSWDC 444

R v Connelly [2019] NSWDC 444

The court found all three offences were below the mid-range of objective seriousness, with the break and enter in the middle of the lower range, the damage property offence below the middle of the low range, and the escape lawful custody offence at the lower end. Count 1 involved substantial loss, and all offences were aggravated by the offender's criminal history and planning. The offender received a 25% discount for early guilty pleas and credit for remorse and subjective factors, but his extensive prior record made imprisonment necessary. Applying totality to one course of criminal conduct and taking the Form 1 matters into account, an aggregate full-time custodial sentence of 20...

Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Criminal Sentence / Committed for Sentence After Pleas of Guilty
Outcome
Full-time custodial aggregate sentence imposed.
Legal Topics
['break and Enter Commit Serious Indictable Offence' 'damage Property' 'escape Lawful Custody' 'aggregate Sentence' 'form 1 Matters' 'special Circumstances' 'objective Seriousness' 'general and Specific Deterrence']
['criminal Law' 'sentencing'] ['break and Enter Commit Serious Indictable Offence' 'damage Property' 'escape Lawful Custody' 'aggregate Sentence' 'form 1 Matters' 'special Circumstances' 'objective Seriousness' 'general and Specific Deterrence']

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Procedural Posture

Criminal Sentence / Committed for Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for break and enter commit serious indictable offence, damage property and escape lawful custody.' 'Whether no penalty other than imprisonment was appropriate and whether the s 5 threshold was crossed.' 'How the objective seriousness, aggravating and mitigating factors, guilty plea and Form 1 matters should affect sentence.' 'Whether an aggregate sentence should be imposed and how totality should be applied.' 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period.']

Ratio Decidendi

The court found all three offences were below the mid-range of objective seriousness, with the break and enter in the middle of the lower range, the damage property offence below the middle of the low range, and the escape lawful custody offence at the lower end. Count 1 involved substantial loss, and all offences were aggravated by the offender's criminal history and planning. The offender received a 25% discount for early guilty pleas and credit for remorse and subjective factors, but his extensive prior record made imprisonment necessary. Applying totality to one course of criminal conduct and taking the Form 1 matters into account, an aggregate full-time custodial sentence of 20...

Court Disposition

Full-time custodial aggregate sentence imposed.

Orders

  • ['The offender is convicted of break and enter commit serious indictable offence (larceny) in respect of the Popsgood Skate Shop, pursuant to s 112(1)(a) of the Crimes Act 1900.' 'The offender is convicted of damage property Monterey Arcade pursuant to s 195(1)(a) of the Crimes Act 1900.' 'The offender is convicted...