R v Kettule [2015] NSWDC 202

R v Kettule [2015] NSWDC 202

Although the offence was serious and aggravated by the offender's prior convictions and commission while on conditional liberty, the objective seriousness was toward the lower end, the offender's role was significantly less culpable than at least some co-offenders, he had demonstrated substantial rehabilitation during delay not initiated by him, and a 40% combined discount was appropriate. A two-year term of imprisonment was warranted but full-time custody may nullify rehabilitation already achieved, so the sentence was wholly suspended under s 12 on conditions of a two-year good behaviour bond.

Jurisdiction
Australia
Judgment Date
14 May 2015
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to 2 years imprisonment, wholly suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW), with release on a two-year good behaviour bond.
Legal Topics
['break, Enter and Commit Serious Indictable Offence in Company' 'objective Seriousness' 'prior Criminality' 'offence Committed on Conditional Liberty' 'rehabilitation During Pre Sentence Delay' 'parity Between Co Offenders' 'discount for Guilty Plea and Assistance' 'suspended Sentence']
['criminal Law' 'sentencing'] ['break, Enter and Commit Serious Indictable Offence in Company' 'objective Seriousness' 'prior Criminality' 'offence Committed on Conditional Liberty' 'rehabilitation During Pre Sentence Delay' 'parity Between Co Offenders' 'discount for Guilty Plea and Assistance' 'suspended Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for break, enter and commit a serious indictable offence in circumstances of aggravation under s 112(2) of the Crimes Act 1900 (NSW).' "How the offender's criminal history and commission of the offence while on conditional liberty should affect sentence." "Whether the offender's significantly limited culpability compared with co-offenders and the principle of parity justified a lower sentence." 'What discount should be allowed for the late guilty plea and matters under s 23 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether full-time custody was required or whether the sentence should be suspended in light of rehabilitation achieved during the delay before sentence.']

Ratio Decidendi

Although the offence was serious and aggravated by the offender's prior convictions and commission while on conditional liberty, the objective seriousness was toward the lower end, the offender's role was significantly less culpable than at least some co-offenders, he had demonstrated substantial rehabilitation during delay not initiated by him, and a 40% combined discount was appropriate. A two-year term of imprisonment was warranted but full-time custody may nullify rehabilitation already achieved, so the sentence was wholly suspended under s 12 on conditions of a two-year good behaviour bond.

Court Disposition

Offender convicted and sentenced to 2 years imprisonment, wholly suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 (NSW), with release on a two-year good behaviour bond.

Orders

  • ['For the offence of break, enter and commit a serious indictable offence in circumstances of aggravation, the offender was sentenced to two years imprisonment under s 12 of the Crimes (Sentencing Procedure) Act 1999.' 'The execution of the whole sentence was suspended for the whole of the period.' 'The offender was...