R v Hazelwood [2021] NSWDC 88

R v Hazelwood [2021] NSWDC 88

Given the number, period, and seriousness of the break, enter, and steal offences—some subject to Forms 1—and the overlapping period with similar Queensland offences already sentenced, the appropriate course is an aggregate custodial sentence factoring in totality and special circumstances. Delay and related hardship ameliorate the sentence, as does the utilitarian discount for guilty plea. Objective seriousness varied, but repeated offending, planning, and substantial loss/damage required substantial accumulation, nevertheless balanced to avoid a crushing sentence and reflect both New South Wales and Queensland criminality.

Parties
Crown: Director of Public Prosecutions; Offender: Tony Glen Hazelwood
Jurisdiction
Australia
Judgment Date
25 March 2021
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to aggregate term of imprisonment with non-parole period; see orders for details.
Legal Topics
Break, Enter and Steal, Aggregate Sentence, Delay in Sentencing, Custodial Sentence, Form 1 Offences, Totality Principle
Criminal Law Break, Enter and Steal Aggregate Sentence Delay in Sentencing Custodial Sentence Form 1 Offences Totality Principle

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Parties

Director of Public Prosecutions

Crown

Tony Glen Hazelwood

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for multiple offences of break, enter and steal and related offences, taking into account delay in sentencing, offences committed interstate, aggregation, and the offender's circumstances?
  2. 2 How should the principle of totality be applied where offences overlap temporally and in objective circumstances with offences previously sentenced in another jurisdiction?
  3. 3 Should special circumstances be found in relation to the non-parole period due to issues of accumulation and delay?

Ratio Decidendi

Given the number, period, and seriousness of the break, enter, and steal offences—some subject to Forms 1—and the overlapping period with similar Queensland offences already sentenced, the appropriate course is an aggregate custodial sentence factoring in totality and special circumstances. Delay and related hardship ameliorate the sentence, as does the utilitarian discount for guilty plea. Objective seriousness varied, but repeated offending, planning, and substantial loss/damage required substantial accumulation, nevertheless balanced to avoid a crushing sentence and reflect both New South Wales and Queensland criminality.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment with non-parole period; see orders for details.

Orders

  • Convicted of specified break, enter and steal, and related offences as per Sequences 2, 19, 20, 21, 24, 25, 35.
  • Aggregate sentence imposed under s 53A of the CSPA: 6 years imprisonment commencing 29 August 2019, non-parole period of 3 years (to 28 August 2022), balance of 3 years (to 28 August 2025).