R v Shailer [2013] NSWDC 338

R v Shailer [2013] NSWDC 338

An aggregate sentence of imprisonment was required because the offender committed repeated break enter and steal offences, including offences while on parole, causing damage and loss, and had a significant criminal history associated with longstanding drug addiction. The sentence was reduced by 25% for early guilty pleas, structured by reference to totality and special circumstances, and fixed so that the offender would have an extended parole period and be eligible for assessment for the Compulsory Drug Treatment Correctional Centre program.

Jurisdiction
Australia
Judgment Date
06 June 2013
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to an aggregate sentence consisting of a non-parole period of 2.5 years and a head sentence of 5 years, commencing 5 January 2013; recommended referral to the Compulsory Drug Treatment Correctional Centre program for assessment.
Legal Topics
['break Enter and Steal' 'form 1 Offences' 'drug Addiction as a Motivating Factor' 'parole' 'aggregate Sentence' 'compulsory Drug Treatment Correctional Centre Program' 'prisoner Classification and Rehabilitation']
['criminal Law' 'sentencing'] ['break Enter and Steal' 'form 1 Offences' 'drug Addiction as a Motivating Factor' 'parole' 'aggregate Sentence' 'compulsory Drug Treatment Correctional Centre Program' 'prisoner Classification and Rehabilitation']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for three offences of break enter and steal, with a further break enter and steal offence taken into account on a Form 1.' "How the offender's drug addiction, criminal history, parole status, guilty plea, rehabilitation prospects and the principle of totality should affect sentence." 'Whether special circumstances and rehabilitation considerations warranted a longer period on parole and referral for assessment for the Compulsory Drug Treatment Correctional Centre program.']

Ratio Decidendi

An aggregate sentence of imprisonment was required because the offender committed repeated break enter and steal offences, including offences while on parole, causing damage and loss, and had a significant criminal history associated with longstanding drug addiction. The sentence was reduced by 25% for early guilty pleas, structured by reference to totality and special circumstances, and fixed so that the offender would have an extended parole period and be eligible for assessment for the Compulsory Drug Treatment Correctional Centre program.

Court Disposition

Sentenced to an aggregate sentence consisting of a non-parole period of 2.5 years and a head sentence of 5 years, commencing 5 January 2013; recommended referral to the Compulsory Drug Treatment Correctional Centre program for assessment.

Orders

  • ['Impose an aggregate sentence consisting of a non-parole period of two and a half years and a head sentence of five years to commence from 5 January 2013.' 'The offender will be eligible to be released to parole on 4 July 2015.' 'Recommend that the offender be referred to the Compulsory Drug Treatment Correctional...