R v O’Hara [2019] NSWDC 812

R v O’Hara [2019] NSWDC 812

Because the break, enter and steal offences were mid-range offending involving planning, substantial stolen property, damage, financial gain and commission while on conditional liberty, and because the domestic violence intimidation offence fell below the mid-range, full-time imprisonment was required. The guilty pleas, remorse, positive rehabilitation prospects, onerous custody in protection and need for community supervision justified a 25% discount and special circumstances. Applying totality to the existing sentences, the sentence was not commenced at arrest or at the end of the current non-parole period, but was backdated to 5 April 2019. An aggregate sentence of six years with a...

Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas, Form 1 Matters Taken Into Account, and Offender's Request to Be Sentenced on a S166 Certificate Matter
Outcome
Offender convicted and sentenced to an aggregate term of six years imprisonment commencing 5 April 2019, with a non-parole period of three years and nine months expiring 4 January 2023 and head sentence expiring 4 April 2025.
Legal Topics
['break, Enter and Steal' 'stalk or Intimidate Intending to Cause Fear of Physical or Mental Harm' 'domestic Violence Offence' 'aggregate Sentence' 'form 1 Offences' 'commencement Date' 'totality' 'special Circumstances' 'drug Addiction and Sentencing' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'stalk or Intimidate Intending to Cause Fear of Physical or Mental Harm' 'domestic Violence Offence' 'aggregate Sentence' 'form 1 Offences' 'commencement Date' 'totality' 'special Circumstances' 'drug Addiction and Sentencing' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas, Form 1 Matters Taken Into Account, and Offender's Request to Be Sentenced on a S166 Certificate Matter

Legal Issues

  1. 1 ['What sentence should be imposed for five counts of break, enter and steal, one domestic violence stalk or intimidate offence, and one goods suspected of being stolen offence on a s166 certificate.' 'How the Form 1 offences should be taken into account in sentencing for the principal offences.' 'Whether an aggregate sentence of imprisonment was required and whether any alternative to full-time custody was appropriate.' 'What commencement date should be fixed having regard to existing sentences and the principle of totality.' 'Whether special circumstances justified a longer period of supervision in the community.']

Ratio Decidendi

Because the break, enter and steal offences were mid-range offending involving planning, substantial stolen property, damage, financial gain and commission while on conditional liberty, and because the domestic violence intimidation offence fell below the mid-range, full-time imprisonment was required. The guilty pleas, remorse, positive rehabilitation prospects, onerous custody in protection and need for community supervision justified a 25% discount and special circumstances. Applying totality to the existing sentences, the sentence was not commenced at arrest or at the end of the current non-parole period, but was backdated to 5 April 2019. An aggregate sentence of six years with a...

Court Disposition

Offender convicted and sentenced to an aggregate term of six years imprisonment commencing 5 April 2019, with a non-parole period of three years and nine months expiring 4 January 2023 and head sentence expiring 4 April 2025.

Orders

  • ['The Offender is convicted of Count 1, break, enter and steal, value less than $60,000, in breach of s112(1)(a) of the Crimes Act.' 'The Offender is convicted of Count 2, break, enter and steal, value less than $60,000, in breach of s112(1)(a) of the Crimes Act.' 'The Offender is convicted of Count 3, break, enter...