Regina v Byron Edward Spencer [1999] NSWSC 1073

Regina v Byron Edward Spencer [1999] NSWSC 1073

Although the offences were serious and ordinarily called for consideration of a custodial sentence, they fell towards the lower end of seriousness for offences of their kind. The prisoner's pleas of guilty evidenced contrition, he had given significant assistance to police and undertook to give evidence, he had no significant criminal record, and the evidence showed complete rehabilitation through employment and family stability. Returning him to custody would threaten that rehabilitation and any appropriate custodial term would necessarily be short after allowances under s439 and s442B of the Crimes Act. The appropriate disposition was therefore a fixed custodial term already served on...

Jurisdiction
Australia
Judgment Date
14 July 1999
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
On the first count the prisoner was sentenced to a fixed term of three months penal servitude commencing on 30 June 1996 and expiring on 29 September 1996. On the other count a conviction was recorded, sentence was deferred, and the prisoner was ordered to enter into a $1,000 recognisance to be of good behaviour for...
Legal Topics
['break, Enter and Steal' 'break and Enter With Intent to Steal in Circumstances of Special Aggravation' 'guilty Plea Discount' 'assistance to Authorities' 'rehabilitation' 'non Custodial Sentencing']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'break and Enter With Intent to Steal in Circumstances of Special Aggravation' 'guilty Plea Discount' 'assistance to Authorities' 'rehabilitation' 'non Custodial Sentencing']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ["What weight should be given to the prisoner's pleas of guilty and contrition in sentencing." "What weight should be given to the prisoner's assistance to police and undertaking to give evidence against Dean and Michael Privett." "Whether, despite the seriousness of the offences, the prisoner's rehabilitation and subjective circumstances justified avoiding a return to custody." 'Whether circumstances of special aggravation were established where the prisoner was part of a joint enterprise with another offender who was armed with a dangerous weapon.']

Ratio Decidendi

Although the offences were serious and ordinarily called for consideration of a custodial sentence, they fell towards the lower end of seriousness for offences of their kind. The prisoner's pleas of guilty evidenced contrition, he had given significant assistance to police and undertook to give evidence, he had no significant criminal record, and the evidence showed complete rehabilitation through employment and family stability. Returning him to custody would threaten that rehabilitation and any appropriate custodial term would necessarily be short after allowances under s439 and s442B of the Crimes Act. The appropriate disposition was therefore a fixed custodial term already served on...

Court Disposition

On the first count the prisoner was sentenced to a fixed term of three months penal servitude commencing on 30 June 1996 and expiring on 29 September 1996. On the other count a conviction was recorded, sentence was deferred, and the prisoner was ordered to enter into a $1,000 recognisance to be of good behaviour for...

Orders

  • ['In respect of the first count in the indictment, the prisoner is sentenced to penal servitude for a term of three months, a fixed term commencing on 30 June 1996 and expiring on 29 September 1996.' 'In respect of the other count on the indictment, a conviction is recorded but sentence is deferred.' 'The prisoner...