R v Ivers [2019] NSWDC 428

R v Ivers [2019] NSWDC 428

The court found the offence below the mid-range of objective seriousness but still serious because it was a calculated and premeditated aggravated dwelling offence committed in company while the offender was on parole. His lengthy similar criminal history, breach of parole and need for general and specific deterrence meant no penalty other than imprisonment was appropriate. The court allowed a 20% discount for the guilty plea and found special circumstances, including unresolved addiction, untreated sexual abuse and his sister's Stage 3 cancer, warranting a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
['enter Dwelling House With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation (in Company)' 'plea of Guilty Discount' 'breach of Parole' 'prior Convictions' 'form 1 Offence' 'special Circumstances' 'drug Addiction and Rehabilitation']
['criminal Law' 'sentencing'] ['enter Dwelling House With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation (in Company)' 'plea of Guilty Discount' 'breach of Parole' 'prior Convictions' 'form 1 Offence' 'special Circumstances' 'drug Addiction and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for enter dwelling house with intent to commit a serious indictable offence in circumstances of aggravation.' "What discount should be allowed for the offender's plea of guilty." 'How the Form 1 larceny matter should be taken into account.' 'Whether imprisonment was the only appropriate penalty.' 'Whether special circumstances justified a non-parole period below the statutory ratio.']

Ratio Decidendi

The court found the offence below the mid-range of objective seriousness but still serious because it was a calculated and premeditated aggravated dwelling offence committed in company while the offender was on parole. His lengthy similar criminal history, breach of parole and need for general and specific deterrence meant no penalty other than imprisonment was appropriate. The court allowed a 20% discount for the guilty plea and found special circumstances, including unresolved addiction, untreated sexual abuse and his sister's Stage 3 cancer, warranting a reduced non-parole period.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • ['The offender is convicted of one count of enter dwelling house with intent to commit a serious indictable offence in circumstances of aggravation.' 'After a reduction of 20% for the plea of guilty, the offender is sentenced to a term of imprisonment consisting of 2 years, 7 months and 6 days, commencing from 20...