R v Sullivan [2019] NSWDC 810

R v Sullivan [2019] NSWDC 810

Given the offender's plea of guilty, criminal history, objective seriousness of the offence and drug addiction, a sentence of 3 years' imprisonment with a non-parole period of 2 years is appropriate, with a finding of special circumstances justifying a reduced non-parole period.

Parties
Crown: Regina; Offender: Trevor Sullivan
Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment for 3 years with a non parole period of 2 years.
Legal Topics
Break Enter and Steal, Sentencing, Criminal Responsibility
Criminal Law Break Enter and Steal Sentencing Criminal Responsibility

Case Brief

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Parties

Regina

Crown

Trevor Sullivan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offender given a break, enter and steal offence while on parole?
  2. 2 Should special circumstances be found to vary the non-parole period?

Ratio Decidendi

Given the offender's plea of guilty, criminal history, objective seriousness of the offence and drug addiction, a sentence of 3 years' imprisonment with a non-parole period of 2 years is appropriate, with a finding of special circumstances justifying a reduced non-parole period.

Court Disposition

Imprisonment for 3 years with a non parole period of 2 years.

Orders

  • Offender sentenced to 3 years' imprisonment, commencing 5 December 2019.
  • Non-parole period fixed at 2 years.