R v Maher [2020] NSWDC 410

R v Maher [2020] NSWDC 410

The specially aggravated break and enter was objectively in the upper end of the midrange, involved a violent home invasion, weapons, planning, multiple victims, stolen property and wounding. The two assault occasioning actual bodily harm offences were a little below the midrange. Although the offender received a 25% discount for early guilty pleas and some allowance for disadvantaged upbringing and special circumstances, his prior record for similar offences, commission of the offences while on parole, poor response to supervision, high risk of reoffending and the need for general and specific deterrence required an aggregate sentence of seven years imprisonment with a non-parole period...

Jurisdiction
Australia
Judgment Date
21 May 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
The offender was convicted and sentenced to an aggregate sentence of seven years imprisonment with an aggregate non-parole period of four years and six months imprisonment, commencing 26 July 2018 and expiring 25 July 2025, with the non-parole period expiring 25 January 2023. The two common assault matters were...
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'circumstances of Special Aggravation' 'stalking or Intimidation' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'form 1 Offences' 'early Guilty Plea Discount' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'circumstances of Special Aggravation' 'stalking or Intimidation' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'form 1 Offences' 'early Guilty Plea Discount' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for specially aggravated break and enter with larceny, where the offender intentionally wounded Scott Warner.' 'What sentence should be imposed for two offences of assault occasioning actual bodily harm against Greg Williams and Maree Williams.' "What effect should be given to the two Form 1 offences, the early guilty pleas, the offender's criminal history, mental health, substance use, disadvantaged upbringing, prospects of rehabilitation, and special circumstances."]

Ratio Decidendi

The specially aggravated break and enter was objectively in the upper end of the midrange, involved a violent home invasion, weapons, planning, multiple victims, stolen property and wounding. The two assault occasioning actual bodily harm offences were a little below the midrange. Although the offender received a 25% discount for early guilty pleas and some allowance for disadvantaged upbringing and special circumstances, his prior record for similar offences, commission of the offences while on parole, poor response to supervision, high risk of reoffending and the need for general and specific deterrence required an aggregate sentence of seven years imprisonment with a non-parole period...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of seven years imprisonment with an aggregate non-parole period of four years and six months imprisonment, commencing 26 July 2018 and expiring 25 July 2025, with the non-parole period expiring 25 January 2023. The two common assault matters were...

Orders

  • ['In relation to Count 1, taking into account the two offences on the Form 1, record an indicative sentence of 6 years imprisonment and an indicative non-parole period of 3 years and 6 months imprisonment. Record a 25% discount for an early guilty plea.' 'In relation to Count 2, record an indicative sentence of 18...