R v Ngati [2012] NSWDC 258

R v Ngati [2012] NSWDC 258

The offender's dangerous police pursuit and break enter and steal were serious offences requiring imprisonment, particularly given the lengthy pursuit, excessive speed, running red lights, ramming police vehicles, significant intrusion into the supermarket's property rights, criminal history and offending while on bail. The court allowed only a small discount for the very late pleas, applied totality by partial accumulation with the sentence already being served, found special circumstances because of the offender's rehabilitation needs and accumulation of sentences, and considered parity with the co-offenders so the offender would not have a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
05 October 2012
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas Entered During Trial
Outcome
The offender was sentenced to imprisonment for both offences and was disqualified from driving for twelve months.
Legal Topics
['break Enter and Steal' 'drive Manner Dangerous' 'failing to Stop During Police Pursuit' 'late Guilty Plea' 'totality' 'parity' 'special Circumstances' 'youth' 'criminal History' 'offending While on Bail']
['criminal Law' 'sentencing'] ['break Enter and Steal' 'drive Manner Dangerous' 'failing to Stop During Police Pursuit' 'late Guilty Plea' 'totality' 'parity' 'special Circumstances' 'youth' 'criminal History' 'offending While on Bail']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas Entered During Trial

Legal Issues

  1. 1 ['What sentence should be imposed for break enter and steal.' 'What sentence should be imposed for driving dangerously and not stopping during a police pursuit.' 'What discount should be allowed for very late guilty pleas.' 'How the principle of totality should apply to the new sentences and the sentence the offender was already serving.' 'Whether parity with co-offenders required adjustment of sentence.' "Whether special circumstances should be found in the offender's favour."]

Ratio Decidendi

The offender's dangerous police pursuit and break enter and steal were serious offences requiring imprisonment, particularly given the lengthy pursuit, excessive speed, running red lights, ramming police vehicles, significant intrusion into the supermarket's property rights, criminal history and offending while on bail. The court allowed only a small discount for the very late pleas, applied totality by partial accumulation with the sentence already being served, found special circumstances because of the offender's rehabilitation needs and accumulation of sentences, and considered parity with the co-offenders so the offender would not have a justifiable sense of grievance.

Court Disposition

The offender was sentenced to imprisonment for both offences and was disqualified from driving for twelve months.

Orders

  • ['For the offence of driving dangerously and not stopping during a police pursuit, a fixed term of imprisonment of one year dating from 30 April 2012.' 'For the offence of break enter and steal, imprisonment with a non-parole period of eighteen months dating from 30 December 2012 and expiring on 29 June 2014.'...