R v Gogani [2013] NSWDC 280

R v Gogani [2013] NSWDC 280

The offender and Pettersen were objectively equal partners in the conspiracy, and the stealing of the truck was committed in furtherance of that conspiracy, so the truck sentence should be wholly concurrent. The offender was not entitled to a guilty plea discount or contrition, had a significant criminal history, offended while on parole, and did not establish good or reasonable prospects of rehabilitation. A modest reduction from the eight-year starting point was allowed to reflect some custody time and a minor distinction between his record and Pettersen's, while special circumstances justified a non-parole period of four years and nine months.

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Criminal Sentence / Sentence After Trial and Jury Verdicts of Guilty
Outcome
Offender convicted and sentenced on both counts.
Legal Topics
['conspiracy to Break and Enter and Commit Serious Indictable Offence, Larceny' 'stealing a Motor Vehicle' 'parity in Sentencing' 'totality and Concurrency' 'special Circumstances' 'lack of Contrition' 'prospects of Rehabilitation' 'offending While on Parole']
['criminal Law' 'sentencing'] ['conspiracy to Break and Enter and Commit Serious Indictable Offence, Larceny' 'stealing a Motor Vehicle' 'parity in Sentencing' 'totality and Concurrency' 'special Circumstances' 'lack of Contrition' 'prospects of Rehabilitation' 'offending While on Parole']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Trial and Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for the common law conspiracy offence and the motor vehicle theft offence.' 'Whether the sentence for stealing the Isuzu truck should be concurrent with the sentence for conspiracy because the taking of the vehicle was an act in furtherance of the conspiracy.' 'How parity with the co-offender Neil Pettersen should affect sentence.' "Whether the offender's background, drug dependency and Naltrexone implant supported findings of rehabilitation prospects or special circumstances." "What weight should be given to the offender's criminal history, lack of contrition and offending while on conditional liberty."]

Ratio Decidendi

The offender and Pettersen were objectively equal partners in the conspiracy, and the stealing of the truck was committed in furtherance of that conspiracy, so the truck sentence should be wholly concurrent. The offender was not entitled to a guilty plea discount or contrition, had a significant criminal history, offended while on parole, and did not establish good or reasonable prospects of rehabilitation. A modest reduction from the eight-year starting point was allowed to reflect some custody time and a minor distinction between his record and Pettersen's, while special circumstances justified a non-parole period of four years and nine months.

Court Disposition

Offender convicted and sentenced on both counts.

Orders

  • ['Count 2: convicted and sentenced to 18 months imprisonment dating from 7 August 2013 and expiring on 6 February 2015.' 'Count 1: convicted and sentenced to imprisonment for 7 years and 6 months, including a non-parole period of 4 years and 9 months dating from 7 August 2013 and expiring on 6 May 2018.' 'The...