R v Vincent [2019] NSWDC 343

R v Vincent [2019] NSWDC 343

The offence of aggravated break, enter and steal fell below the mid-range of objective seriousness, warranting a discounted sentence due to an early guilty plea, with additional consideration of a Form 1 assault offence but taking care not to double-count aggravating circumstances, resulting in a total sentence of imprisonment for 4 years with a non-parole period of 2 years and 3 months.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Sentence / Sentencing
Outcome
Sentence of imprisonment of 4 years with non-parole period of 2 years 3 months imposed; referral for drug rehabilitation program; conviction recorded.
Legal Topics
['break and Enter With Intent' 'property Offences' 'sentencing Principles' 'aggravated Offences' 'standard Non Parole Period' 'form 1 Offences' 'double Counting/de Simoni']
['criminal Law'] ['break and Enter With Intent' 'property Offences' 'sentencing Principles' 'aggravated Offences' 'standard Non Parole Period' 'form 1 Offences' 'double Counting/de Simoni']

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Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and steal with circumstances of aggravation' 'Application of standard non-parole period and sentencing discount for early guilty plea' 'Consideration of Form 1 offences and double counting/De Simoni principle' 'Assessment of objective gravity and subjective factors affecting sentence']

Ratio Decidendi

The offence of aggravated break, enter and steal fell below the mid-range of objective seriousness, warranting a discounted sentence due to an early guilty plea, with additional consideration of a Form 1 assault offence but taking care not to double-count aggravating circumstances, resulting in a total sentence of imprisonment for 4 years with a non-parole period of 2 years and 3 months.

Court Disposition

Sentence of imprisonment of 4 years with non-parole period of 2 years 3 months imposed; referral for drug rehabilitation program; conviction recorded.

Orders

  • ['Offender is convicted of aggravated break, enter and steal with circumstance of aggravation.' 'Sentence of imprisonment for 4 years commencing 15 November 2018.' 'Non-parole period of 2 years and 3 months commencing 15 November 2018, expiring 14 February 2021.' 'Offender eligible for parole after 14 February...