R v Dylan Peter Gray [2016] NSWDC 368

R v Dylan Peter Gray [2016] NSWDC 368

The offender's repeated property offending over a short period, commission of offences while on parole for similar matters, prior record and guarded rehabilitation prospects required an aggregate sentence of imprisonment. Although the property offences were just below mid-range objective seriousness and the offender received mitigation for early guilty pleas and remorse for those offences, personal deterrence, general deterrence, punishment, denunciation and protection of the community warranted a non-parole period of 3 years and 9 months with an additional term of 1 year and 3 months, with no special circumstances found.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal Sentencing / Committed for Sentence After Pleas of Guilty
Outcome
Offender convicted on each sequence and sentenced to an aggregate term of imprisonment with a non-parole period, additional term and driving disqualification.
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'break and Enter and Commit Serious Indictable Offence' 'larceny' 'unlawfully in Possession of Property' 'furnishing False Statement to Licensee' 'reckless Driving' 'aggregate Sentence of Imprisonment' 'conditional Liberty' 'plea of Guilty' 'prospects of Rehabilitation']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'break and Enter and Commit Serious Indictable Offence' 'larceny' 'unlawfully in Possession of Property' 'furnishing False Statement to Licensee' 'reckless Driving' 'aggregate Sentence of Imprisonment' 'conditional Liberty' 'plea of Guilty' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing / Committed for Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the property offences and reckless driving offence' 'Whether offending committed while on parole aggravated the sentence' "Whether the offender's guilty pleas, remorse and rehabilitation prospects mitigated sentence" 'Whether special circumstances should be found to vary the statutory ratio between the non-parole period and balance of term' 'How to structure an aggregate sentence having regard to totality, accumulation and overlapping criminality']

Ratio Decidendi

The offender's repeated property offending over a short period, commission of offences while on parole for similar matters, prior record and guarded rehabilitation prospects required an aggregate sentence of imprisonment. Although the property offences were just below mid-range objective seriousness and the offender received mitigation for early guilty pleas and remorse for those offences, personal deterrence, general deterrence, punishment, denunciation and protection of the community warranted a non-parole period of 3 years and 9 months with an additional term of 1 year and 3 months, with no special circumstances found.

Court Disposition

Offender convicted on each sequence and sentenced to an aggregate term of imprisonment with a non-parole period, additional term and driving disqualification.

Orders

  • ['The offender is convicted on each sequence.' 'The offender is to serve a non-parole period of 3 years and 9 months, to date from 16 December 2016 and expire on 15 September 2020.' 'The offender is to serve an additional term of imprisonment of 1 year and 3 months, to commence on 16 September 2020 and to expire on...