R v White [2019] NSWDC 298

R v White [2019] NSWDC 298

The offender's repeated break and enter offences, Form 1 matters, extensive antecedents, commission of offences while on parole, high risk of re-offending, and need to protect the community required a substantial custodial sentence. However, the Court applied a 25% discount for the guilty pleas, backdated the sentence to 3 May 2018, and allowed a significant parole period because of the offender's severe childhood abuse, mental health conditions, drug dependence, demonstrated remorse and insight, some support in the community, and the need to provide an opportunity for rehabilitation.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas in the Local Court and Committal for Sentence
Outcome
The offender was sentenced to imprisonment for 6 years with a non-parole period of 3 years and 6 months, commencing on 3 May 2018.
Legal Topics
['break, Enter and Commit Serious Indictable Offence' 'break and Enter With Intent to Commit Serious Indictable Offence' 'form 1 Offences' 'guilty Plea Discount' 'pre Sentence Custody and Parole Revocation' 'criminal Antecedents' 'mental Health and Childhood Abuse in Sentencing' 'drug Dependence and Rehabilitation']
['criminal Law' 'sentencing'] ['break, Enter and Commit Serious Indictable Offence' 'break and Enter With Intent to Commit Serious Indictable Offence' 'form 1 Offences' 'guilty Plea Discount' 'pre Sentence Custody and Parole Revocation' 'criminal Antecedents' 'mental Health and Childhood Abuse in Sentencing' 'drug Dependence and Rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas in the Local Court and Committal for Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for the principal break and enter offences, taking into account the Form 1 offences.' "Whether and to what extent a 25% discount should be applied for the offender's guilty pleas." 'Whether the sentence should commence from the date of arrest despite revocation of parole and service of the balance of an earlier sentence.' "How the offender's extensive antecedents, offending while on parole, mental health conditions, drug dependence, childhood abuse, prospects of rehabilitation, and risk of re-offending should affect sentence." 'Whether special circumstances and rehabilitation considerations justified a significant period on parole despite the need to protect the community.']

Ratio Decidendi

The offender's repeated break and enter offences, Form 1 matters, extensive antecedents, commission of offences while on parole, high risk of re-offending, and need to protect the community required a substantial custodial sentence. However, the Court applied a 25% discount for the guilty pleas, backdated the sentence to 3 May 2018, and allowed a significant parole period because of the offender's severe childhood abuse, mental health conditions, drug dependence, demonstrated remorse and insight, some support in the community, and the need to provide an opportunity for rehabilitation.

Court Disposition

The offender was sentenced to imprisonment for 6 years with a non-parole period of 3 years and 6 months, commencing on 3 May 2018.

Orders

  • ['For sequence H68313929/3, applying the discount and taking into account the additional Form 1 offence, the appropriate sentence was identified as imprisonment for 3 years and 11 months.' 'For sequence H57049670/1, applying the discount and taking into account the additional Form 1 offences, the appropriate...