R v Jason Wayne NICHOLAS [2009] NSWDC 365

R v Jason Wayne NICHOLAS [2009] NSWDC 365

The offender breached the suspended sentence bonds and committed further serious offences, including a very serious occupied-premises incident involving detention, threats, assault and attempted access to a safe. Although his tragic background, paranoid schizophrenia, remorse, rehabilitation prospects, special circumstances and early guilty pleas substantially mitigated sentence, the objective seriousness of the conduct required lengthy full-time imprisonment, with accumulation adjusted for overlap and avoidance of double counting.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas and Breach of S 12 Bonds
Outcome
The suspended sentences were revoked and the offender was sentenced to an overall non-parole period of five and a half years with a head sentence of nine years, eligible for release to parole on 13 November 2014.
Legal Topics
['break Enter and Steal' 'taking and Detaining for Advantage' 'aggravated Stealing and Breaking Out' 'breach of Bond' 'suspended Sentence' 'standard Non Parole Period' 'mental Illness' 'special Circumstances' 'accumulation']
['criminal Law' 'sentencing'] ['break Enter and Steal' 'taking and Detaining for Advantage' 'aggravated Stealing and Breaking Out' 'breach of Bond' 'suspended Sentence' 'standard Non Parole Period' 'mental Illness' 'special Circumstances' 'accumulation']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas and Breach of S 12 Bonds

Legal Issues

  1. 1 ['Whether the s 12 bonds imposed on 23 February 2007 should be revoked after breach and further offending.' 'What sentences should be imposed for break enter and steal, taking and detaining for an advantage, and aggravated stealing and breaking out.' "How the offender's paranoid schizophrenia, tragic background, remorse, rehabilitation prospects and early guilty pleas should affect sentence." 'How to account for overlap between the criminality in taking and detaining the victim and aggravated stealing and breaking out without double counting aggravating circumstances.' 'How to approach the standard non-parole period where the offender pleaded guilty and sentences must be accumulated.']

Ratio Decidendi

The offender breached the suspended sentence bonds and committed further serious offences, including a very serious occupied-premises incident involving detention, threats, assault and attempted access to a safe. Although his tragic background, paranoid schizophrenia, remorse, rehabilitation prospects, special circumstances and early guilty pleas substantially mitigated sentence, the objective seriousness of the conduct required lengthy full-time imprisonment, with accumulation adjusted for overlap and avoidance of double counting.

Court Disposition

The suspended sentences were revoked and the offender was sentenced to an overall non-parole period of five and a half years with a head sentence of nine years, eligible for release to parole on 13 November 2014.

Orders

  • ['In relation to the s 12 bonds imposed on 23 February 2007, revoke the order that they be suspended.' 'Those sentences are to be served by way of full-time imprisonment to commence on 14 May 2009.' 'For the offence of break enter and steal of 10 November 2008, the offender is sentenced to imprisonment for a fixed...