R v Najman [2019] NSWDC 580

R v Najman [2019] NSWDC 580

The offender's participation in a planned break and enter intended for larceny, committed in company at the victim's home, was below mid-range objective seriousness for her because of her limited role and lack of knowledge of weapons, but required imprisonment. Having regard to her guilty plea, past and future assistance to authorities, subjective circumstances, remorse and rehabilitation prospects, the Court reduced a sentence otherwise assessed at 5 years by a combined 50% discount and imposed imprisonment for 2 years and 6 months with a non-parole period of 1 year and 8 months commencing on 27 November 2017.

Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Criminal Sentencing for Break and Enter With Intent to Commit Serious Indictable Offence / Sentence After Guilty Plea Upon Arraignment
Outcome
Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 8 months imposed.
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'property Offences' 'pre Sentence Custody' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'conditional Liberty' 'objective Seriousness']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'property Offences' 'pre Sentence Custody' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'conditional Liberty' 'objective Seriousness']

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Procedural Posture

Criminal Sentencing for Break and Enter With Intent to Commit Serious Indictable Offence / Sentence After Guilty Plea Upon Arraignment

Legal Issues

  1. 1 ['What sentence should be imposed for an offence contrary to s 113(2) Crimes Act 1900 involving break and enter of a dwelling with intent to commit larceny in company.' "What discount should be allowed for the utility of the offender's guilty plea." 'What further discount should be allowed for past and future assistance to authorities under s 23 Crimes (Sentencing Procedure) Act 1999.' 'From what date the sentence should commence having regard to pre-sentence custody and earlier sentences.' "How the offender's subjective circumstances, including background, drug dependence, mental health, remorse and prospects of rehabilitation, should affect sentence and the non-parole period."]

Ratio Decidendi

The offender's participation in a planned break and enter intended for larceny, committed in company at the victim's home, was below mid-range objective seriousness for her because of her limited role and lack of knowledge of weapons, but required imprisonment. Having regard to her guilty plea, past and future assistance to authorities, subjective circumstances, remorse and rehabilitation prospects, the Court reduced a sentence otherwise assessed at 5 years by a combined 50% discount and imposed imprisonment for 2 years and 6 months with a non-parole period of 1 year and 8 months commencing on 27 November 2017.

Court Disposition

Term of imprisonment of 2 years 6 months with a non-parole period of 1 year 8 months imposed.

Orders

  • ['Sentence to commence on 27 November 2017.' 'Non-parole period of 1 year and 8 months to expire on 26 July 2019.' 'Further period of imprisonment of 10 months to expire on 26 May 2020.' 'Offender to be released to parole at the expiration of the non-parole period.' 'Parole to be supervised in accordance with the...