R v Kelly; R v Ngati [2019] NSWDC 521

R v Kelly; R v Ngati [2019] NSWDC 521

Both offenders crossed the s 5 threshold for imprisonment for a planned break and enter intended to facilitate larceny for an outlaw motorcycle gang. Jesse Kelly's greater organising role, purchase of tools, driving, and commission of the offence while on parole required full-time imprisonment, with special circumstances justifying the non-parole ratio. John Ngati's lesser culpability, exploitation, schizophrenia, cognitive limitations, remorse and reasonable rehabilitation prospects justified a two-year custodial sentence served by intensive correction order.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Jesse Kelly was convicted and sentenced to imprisonment for 2 years 9 months with a non-parole period of 1 year 8 months. John Ngati was convicted and sentenced to imprisonment for 2 years to be served by means of an intensive correction order.
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'larceny' 'early Guilty Plea Discount' 'intensive Correction Order' 'non Parole Period' 'dysfunctional Upbringing and Moral Culpability']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'larceny' 'early Guilty Plea Discount' 'intensive Correction Order' 'non Parole Period' 'dysfunctional Upbringing and Moral Culpability']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for break and enter with intent to commit serious indictable offence under s 113(1) of the Crimes Act 1900 (NSW).' "Whether the offenders' dysfunctional backgrounds reduced moral culpability and the application of general deterrence." 'Whether full-time imprisonment was required and, for John Ngati, whether the sentence should be served by way of an intensive correction order.' "Whether special circumstances justified varying Jesse Kelly's non-parole period ratio."]

Ratio Decidendi

Both offenders crossed the s 5 threshold for imprisonment for a planned break and enter intended to facilitate larceny for an outlaw motorcycle gang. Jesse Kelly's greater organising role, purchase of tools, driving, and commission of the offence while on parole required full-time imprisonment, with special circumstances justifying the non-parole ratio. John Ngati's lesser culpability, exploitation, schizophrenia, cognitive limitations, remorse and reasonable rehabilitation prospects justified a two-year custodial sentence served by intensive correction order.

Court Disposition

Jesse Kelly was convicted and sentenced to imprisonment for 2 years 9 months with a non-parole period of 1 year 8 months. John Ngati was convicted and sentenced to imprisonment for 2 years to be served by means of an intensive correction order.

Orders

  • ['Jesse Kelly is convicted of break and enter with intent to commit serious indictable offence.' 'Jesse Kelly is sentenced to imprisonment for 2 years 9 months.' 'For Jesse Kelly, a non-parole period of 1 year 8 months is fixed from 27 January 2020 to 26 September 2021.' 'For Jesse Kelly, the balance of term of 1...