R v Raymond William Oxby [2018] NSWDC 272

R v Raymond William Oxby [2018] NSWDC 272

Because the four break and enter offences were objectively towards the lower end for offences under s 112(1)(a), but the offender had an extensive record, offended while on parole, and the only appropriate sentence crossed the custody threshold, an aggregate full-time custodial sentence was required. The sentence was moderated by the offender's early guilty pleas, subjective history, acceptance of responsibility, need for rehabilitation, and special circumstances, and structured to support his return to the Compulsory Drug Treatment Program.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Criminal Sentence / Sentencing After Early Pleas of Guilty
Outcome
Full-time custodial sentence imposed: aggregate sentence of 5 years imprisonment with a non-parole period of 2 years and 9 months, commencing on 6 July 2017.
Legal Topics
['break and Enter Dwelling House or Building Commit Serious Indictable Offence' 'aggregate Sentence' 'form 1 Matters' 'drug Possession' 'receiving Stolen Property' 'parole Revocation' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing'] ['break and Enter Dwelling House or Building Commit Serious Indictable Offence' 'aggregate Sentence' 'form 1 Matters' 'drug Possession' 'receiving Stolen Property' 'parole Revocation' 'special Circumstances' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Sentencing After Early Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for four offences of break and enter dwelling house or building commit serious indictable offence under s 112(1)(a) of the Crimes Act 1900.' 'Whether the matters on the Form 1 should be taken into account on sentence.' 'Whether an aggregate sentence should be imposed.' "Whether special circumstances should be found because of the offender's need for drug and alcohol rehabilitation and relapse prevention assistance on return to the community."]

Ratio Decidendi

Because the four break and enter offences were objectively towards the lower end for offences under s 112(1)(a), but the offender had an extensive record, offended while on parole, and the only appropriate sentence crossed the custody threshold, an aggregate full-time custodial sentence was required. The sentence was moderated by the offender's early guilty pleas, subjective history, acceptance of responsibility, need for rehabilitation, and special circumstances, and structured to support his return to the Compulsory Drug Treatment Program.

Court Disposition

Full-time custodial sentence imposed: aggregate sentence of 5 years imprisonment with a non-parole period of 2 years and 9 months, commencing on 6 July 2017.

Orders

  • ['The offender is convicted of four offences of break and enter dwelling house or building commit serious indictable offence, pursuant to s 112(1)(a) of the Crimes Act 1900, being H 64060264/1 committed on 14 February 2017, H 65519333/1 committed on 12 March 2017, H 66271216/3 committed on 6 April 2017, and H...