R v Polkinghorne [2021] NSWDC 155

R v Polkinghorne [2021] NSWDC 155

The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months, with a non-parole period of 3 years 6 months, due to the seriousness of the offences, the substantial loss and damage caused, previous criminal history, and guarded but reasonable prospects for rehabilitation, taking special circumstances into account.

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a non-parole period of 3 years 6 months. Eligible convicted offender status, referral to Drug Court for Compulsory Drug Treatment Order consideration. Special circumstances found.
Legal Topics
['break Enter and Steal' 'sentencing' 'drug Related Offending']
['criminal Law'] ['break Enter and Steal' 'sentencing' 'drug Related Offending']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple break enter and steal offences under s 112(1)(a) Crimes Act' 'Assessment of objective seriousness of offences' 'Consideration of rehabilitation and special circumstances' 'Application of totality principle in sentencing']

Ratio Decidendi

The offender was convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months, with a non-parole period of 3 years 6 months, due to the seriousness of the offences, the substantial loss and damage caused, previous criminal history, and guarded but reasonable prospects for rehabilitation, taking special circumstances into account.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 5 years 9 months with a non-parole period of 3 years 6 months. Eligible convicted offender status, referral to Drug Court for Compulsory Drug Treatment Order consideration. Special circumstances found.

Orders

  • ['Aggregate sentence of 5 years 9 months imprisonment (8/1/20–7/10/25)' 'Non-parole period of 3 years 6 months (8/1/20–7/7/23)' 'Indicative sentences: Seq 1 – 2 years 3 months; Seq 2 – 2 years 10 months; Seq 4 – 3 years (Form 1 taken into account); Seq 6 – 2 years 9 months; Seq 8 – 2 years 10 months' 'Referral to...