R v DJD [2023] NSWSC 1049

R v DJD [2023] NSWSC 1049

The offender was to be dealt with according to law because the indictable offence was serious, involved a violent home invasion at night by five masked males, and the offender was 17 at the time, had prior serious offending and was on parole. The offending was at the lower end of the mid-range of seriousness. The offender's schizophrenia did not materially reduce objective seriousness, but his youth, deprived background, substance abuse history and mental illness reduced moral culpability and the weight of general deterrence, while his mental conditions also heightened concerns about specific deterrence and community protection. No penalty other than imprisonment was appropriate. Taking...

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Sentence / Sentencing After Jury Verdict Finding the Offender Guilty of the Statutory Alternative Offence to Count 3
Outcome
Backup and related offences dismissed; offender sentenced to imprisonment for the offence under s 111(2) of the Crimes Act 1900 (NSW).
Legal Topics
['enter Dwelling With Intent to Intimidate in Company' 'young Offender' 'mental Health and Sentencing' 'objective Seriousness' 'parity' 'totality' 'special Circumstances' 'dismissal of Backup and Related Offences']
['criminal Law' 'sentencing'] ['enter Dwelling With Intent to Intimidate in Company' 'young Offender' 'mental Health and Sentencing' 'objective Seriousness' 'parity' 'totality' 'special Circumstances' 'dismissal of Backup and Related Offences']

Case Brief

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Procedural Posture

Sentence / Sentencing After Jury Verdict Finding the Offender Guilty of the Statutory Alternative Offence to Count 3

Legal Issues

  1. 1 ["Whether the backup offence of having the offender's face disguised and the related offence of destroying or damaging property should be dismissed." "What facts should be found for sentencing consistently with the jury's verdict." 'Whether the offender should be dealt with according to law or under Pt 3 Div 4 of the Children (Criminal Proceedings) Act 1987 (NSW).' 'The objective seriousness of the offence of entering a dwelling house with intent to intimidate in company.' "The effect of the offender's youth, deprived background, substance abuse and mental health conditions on moral culpability, deterrence, community protection and rehabilitation." "Whether parity with Mr Murdoch's sentence affected the sentence to be imposed." "How totality and concurrency should be addressed given the offender's other sentences while in custody." 'Whether special circumstances justified varying the statutory ratio between the non-parole period and balance of term.']

Ratio Decidendi

The offender was to be dealt with according to law because the indictable offence was serious, involved a violent home invasion at night by five masked males, and the offender was 17 at the time, had prior serious offending and was on parole. The offending was at the lower end of the mid-range of seriousness. The offender's schizophrenia did not materially reduce objective seriousness, but his youth, deprived background, substance abuse history and mental illness reduced moral culpability and the weight of general deterrence, while his mental conditions also heightened concerns about specific deterrence and community protection. No penalty other than imprisonment was appropriate. Taking...

Court Disposition

Backup and related offences dismissed; offender sentenced to imprisonment for the offence under s 111(2) of the Crimes Act 1900 (NSW).

Orders

  • ['Pursuant to s 167(1)(a) of the Criminal Procedure Act 1986 (NSW), the back up offence of the offender having his face disguised contrary to s 114(1)(c) of the Crimes Act 1900 (NSW) is dismissed.' 'Pursuant to ss 168 and 202 of the Criminal Procedure Act 1986 (NSW), the related offence of destroying or damaging...