R v Wu [2020] NSWDC 75

R v Wu [2020] NSWDC 75

The offences were numerous and serious residential break and enter offences, some involving stolen property, occupants being present, knives being left in premises, confrontation with police, and resistance to arrest, requiring substantial weight to general deterrence. The offender was entitled to a 25% discount for early guilty pleas and had real remorse, prior good character, low risk of reoffending and limited need for personal deterrence. Applying totality, an aggregate sentence was appropriate, and special circumstances justified a non-parole period of three years because it was the offender's first time in custody and custody would be more onerous due to isolation from family in...

Jurisdiction
Australia
Judgment Date
13 February 2020
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas
Outcome
Sentenced to an aggregate term of imprisonment of six years with a non-parole period of three years.
Legal Topics
['break, Enter and Steal in Residential Premises' 'break and Enter With Intent to Steal' 'use Offensive Weapon to Prevent Lawful Detention' 'resist Officer in the Execution of Duty' 'aggregate Sentence' 'non Parole Period' 'form 1 Offences' 'general Deterrence' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['break, Enter and Steal in Residential Premises' 'break and Enter With Intent to Steal' 'use Offensive Weapon to Prevent Lawful Detention' 'resist Officer in the Execution of Duty' 'aggregate Sentence' 'non Parole Period' 'form 1 Offences' 'general Deterrence' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for multiple offences of break, enter and steal in residential premises, break and enter with intent to steal, using an offensive weapon to prevent lawful detention, and resisting officers in the execution of their duty.' 'Whether an aggregate sentence should be imposed and how the principle of totality should affect that sentence.' "Whether the offender's guilty pleas, remorse, prior good character, gambling disorder, low risk of reoffending, limited English, family isolation and first time in custody affected the sentence and non-parole period." 'Whether special circumstances justified varying the ordinary ratio between the head sentence and non-parole period.' 'Whether an order should be made under s 97 of the Victims Rights and Support Act 2013.']

Ratio Decidendi

The offences were numerous and serious residential break and enter offences, some involving stolen property, occupants being present, knives being left in premises, confrontation with police, and resistance to arrest, requiring substantial weight to general deterrence. The offender was entitled to a 25% discount for early guilty pleas and had real remorse, prior good character, low risk of reoffending and limited need for personal deterrence. Applying totality, an aggregate sentence was appropriate, and special circumstances justified a non-parole period of three years because it was the offender's first time in custody and custody would be more onerous due to isolation from family in...

Court Disposition

Sentenced to an aggregate term of imprisonment of six years with a non-parole period of three years.

Orders

  • ["The offender is sentenced to a head sentence of six years' imprisonment with a non-parole period of three years, each dating from 17 January 2019." 'The head sentence will expire on 16 January 2025 and the non-parole period will expire on 16 January 2022.' 'An order is made under s 97 of the Victims Rights and...