R v Gordon Joshua SIMPSON [2012] NSWDC 268

R v Gordon Joshua SIMPSON [2012] NSWDC 268

The Court imposed an aggregate sentence of 3 years and 9 months imprisonment with a non-parole period of 1 year and 11 months due to guilty pleas, lower end objective seriousness, youth, genuine rehabilitation prospects, and special circumstances, while recognising the seriousness, aggravation of offending while on parole, and criminal history.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Sentenced to an aggregate term of imprisonment
Legal Topics
['break, Enter and Steal' 'aggravated Offence' 'sentencing' 'parole' 'rehabilitation' 'general Deterrence' 'specific Deterrence']
['criminal Law'] ['break, Enter and Steal' 'aggravated Offence' 'sentencing' 'parole' 'rehabilitation' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and steal and break, enter and steal' 'Consideration of aggravating and mitigating factors' 'Application of discount for guilty plea' 'Determination of non-parole period' 'Consideration of rehabilitation and institutionalisation']

Ratio Decidendi

The Court imposed an aggregate sentence of 3 years and 9 months imprisonment with a non-parole period of 1 year and 11 months due to guilty pleas, lower end objective seriousness, youth, genuine rehabilitation prospects, and special circumstances, while recognising the seriousness, aggravation of offending while on parole, and criminal history.

Court Disposition

Sentenced to an aggregate term of imprisonment

Orders

  • ['Aggregate sentence of 3 years and 9 months imprisonment commencing 1 January 2012' 'Non-parole period of 1 year and 11 months commencing 1 January 2012 and expiring 30 November 2013' 'Balance of term: 1 year and 10 months' 'No compensation order imposed for victims' 'Reports to be provided to Corrective Services...