R v Ejupi, Avzi [2010] NSWDC 24

R v Ejupi, Avzi [2010] NSWDC 24

The break, enter and steal offence warranted imprisonment because of its objective seriousness, the offender's prior record and the aggravating fact that he was on parole. Although rehabilitation had earlier been considered, the final sentencing course imposed a custodial sentence of three years with an eighteen month non-parole period, took the Form 1 matter into account, found special circumstances on totality grounds, and referred the offender to the compulsory Drug Court. The severity appeal was allowed only in part because some Local Court sentences were excessive or required adjustment for totality, while convictions were confirmed and other sentences were confirmed.

Jurisdiction
Australia
Judgment Date
18 February 2010
Procedural Posture
Criminal Sentence and Severity Appeal From Local Court / Sentence After Guilty Plea to Statutory Alternate Charge; Severity Appeal Determined
Outcome
The offender was sentenced for break, enter and steal; the Form 1 matter of take and drive conveyance without consent of owner was taken into account; the severity appeal was dismissed for some sequences and upheld in part for others; special circumstances were found; and the offender was referred to the compulsory...
Legal Topics
['break, Enter and Steal' 'shoplifting' 'use Offensive Weapon to Prevent Lawful Detention' 'assault' 'assault Police Officer' 'resist Officer in Execution of Duty' 'destroy or Damage Property' 'unlawful Entry on Enclosed Lands' 'breach of Parole' 'drug and Alcohol Abuse' 'compulsory Drug Treatment Centre' 'form 1 Offence']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'shoplifting' 'use Offensive Weapon to Prevent Lawful Detention' 'assault' 'assault Police Officer' 'resist Officer in Execution of Duty' 'destroy or Damage Property' 'unlawful Entry on Enclosed Lands' 'breach of Parole' 'drug and Alcohol Abuse' 'compulsory Drug Treatment Centre' 'form 1 Offence']

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Procedural Posture

Criminal Sentence and Severity Appeal From Local Court / Sentence After Guilty Plea to Statutory Alternate Charge; Severity Appeal Determined

Legal Issues

  1. 1 ["What sentence was appropriate for the offender's break, enter and steal offence, taking into account objective criminality, prior record, parole status, drug and alcohol issues, plea and rehabilitation prospects." 'Whether the Local Court sentences challenged in the severity appeal should be confirmed or varied.' 'Whether special circumstances should be found and the offender referred to the compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.']

Ratio Decidendi

The break, enter and steal offence warranted imprisonment because of its objective seriousness, the offender's prior record and the aggravating fact that he was on parole. Although rehabilitation had earlier been considered, the final sentencing course imposed a custodial sentence of three years with an eighteen month non-parole period, took the Form 1 matter into account, found special circumstances on totality grounds, and referred the offender to the compulsory Drug Court. The severity appeal was allowed only in part because some Local Court sentences were excessive or required adjustment for totality, while convictions were confirmed and other sentences were confirmed.

Court Disposition

The offender was sentenced for break, enter and steal; the Form 1 matter of take and drive conveyance without consent of owner was taken into account; the severity appeal was dismissed for some sequences and upheld in part for others; special circumstances were found; and the offender was referred to the compulsory...

Orders

  • ['For break, enter and steal, sentence to a non-parole period of 18 months from 18 February 2010 expiring on 17 August 2011, with a balance of term of 18 months expiring on 17 February 2013.' 'The Form 1 matter of take and drive conveyance without consent of owner was taken into account.' 'For shoplifting value <=...