R v Lawrence [2019] NSWDC 666

R v Lawrence [2019] NSWDC 666

A custodial sentence was required because the offender, while on bail and with a significant history of violent offending, participated in a night-time armed entry into an occupied family home, intimidated residents and intentionally wounded Mr Curtis with serious lacerations requiring surgery. The sentence was reduced by a 5% late guilty plea discount, and special circumstances were found to extend supervision and support on parole in light of the offender's deprived background, need for rehabilitation, accumulation with Local Court matters and the totality principle.

Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Criminal Sentencing / Sentence After Late Guilty Plea to Fresh Indictment
Outcome
Convicted and sentenced to imprisonment for 6 years and 2 months with a non-parole period of 3 years and 8 months.
Legal Topics
['enter Dwelling House With Intent' 'intimidation' 'intentional Wounding' 'in Company Offending' 'early Appropriate Guilty Plea System' 'sentencing Discount' 'prior Criminal Record' 'background of Deprivation' 'special Circumstances' 'totality' 'protection of the Community']
['criminal Law' 'sentencing'] ['enter Dwelling House With Intent' 'intimidation' 'intentional Wounding' 'in Company Offending' 'early Appropriate Guilty Plea System' 'sentencing Discount' 'prior Criminal Record' 'background of Deprivation' 'special Circumstances' 'totality' 'protection of the Community']

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Procedural Posture

Criminal Sentencing / Sentence After Late Guilty Plea to Fresh Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for entering a dwelling house and committing intimidation while in company and intentionally wounding Mr Curtis contrary to s 111(3) Crimes Act 1900.' 'What discount should be allowed for the late guilty plea under the Early Appropriate Guilty Plea system where the fresh count was based on substantially the same facts.' 'How to account for time in custody, Local Court sentences, accumulation and the totality principle.' 'How to weigh aggravating factors including offending while on bail, use of weapons, offending in a home at night, injury to the victim and prior violent offending.' "Whether the offender's deprived background and prospects of support justified mitigation and a finding of special circumstances."]

Ratio Decidendi

A custodial sentence was required because the offender, while on bail and with a significant history of violent offending, participated in a night-time armed entry into an occupied family home, intimidated residents and intentionally wounded Mr Curtis with serious lacerations requiring surgery. The sentence was reduced by a 5% late guilty plea discount, and special circumstances were found to extend supervision and support on parole in light of the offender's deprived background, need for rehabilitation, accumulation with Local Court matters and the totality principle.

Court Disposition

Convicted and sentenced to imprisonment for 6 years and 2 months with a non-parole period of 3 years and 8 months.

Orders

  • ['The offender is convicted.' 'The sentence is to commence on 8 November 2018.' 'Had it not been for the plea of guilty, a sentence of six years and six months would have been imposed.' 'A non-parole period of three years and eight months commences on 8 November 2018.' 'The offender will be eligible for...