R v RIDGEWAY; R v SHEARD; R v WELLS [2011] NSWDC 90

R v RIDGEWAY; R v SHEARD; R v WELLS [2011] NSWDC 90

The offence was a serious home invasion that was slightly above the middle of the range of objective seriousness because the offenders entered the victim's home, two were armed with machetes, the offenders acted in company, violence and actual bodily harm were inflicted, and they knew the elderly victim was at home. Ms Ridgeway's youth, absence of prior convictions, strong remorse, good rehabilitation prospects and voluntary disclosure to police justified a non-custodial outcome despite the seriousness of the offence. Mr Sheard's youth and limited criminal history reduced his sentence, but imprisonment was required because of the seriousness of the offence and his offending while on...

Jurisdiction
Australia
Judgment Date
16 June 2011
Procedural Posture
Criminal Sentencing for Aggravated Break, Enter and Steal in Circumstances of Aggravation / Sentence After Each Offender Pleaded Guilty at the Local Court
Outcome
Ms Ridgeway was ordered to perform community service and released forthwith; Mr Sheard and Mr Wells were sentenced to imprisonment with non-parole periods fixed.
Legal Topics
['home Invasion' 'aggravated Break, Enter and Steal' 'circumstances of Aggravation' 'standard Non Parole Period' 'parity' 'youthful Offenders' 'remorse' 'rehabilitation' 'special Circumstances' 'community Service' 'imprisonment']
['criminal Law' 'sentencing'] ['home Invasion' 'aggravated Break, Enter and Steal' 'circumstances of Aggravation' 'standard Non Parole Period' 'parity' 'youthful Offenders' 'remorse' 'rehabilitation' 'special Circumstances' 'community Service' 'imprisonment']

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Procedural Posture

Criminal Sentencing for Aggravated Break, Enter and Steal in Circumstances of Aggravation / Sentence After Each Offender Pleaded Guilty at the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for each offender for aggravated break, enter and steal in circumstances of aggravation.' 'How the multiple circumstances of aggravation affected objective seriousness without double counting.' "Whether parity required adjustment between the co-offenders' sentences." "How each offender's youth, criminal history, drug use, remorse and prospects of rehabilitation affected sentence." "Whether Ms Ridgeway's voluntary disclosure to police warranted a substantial R v Ellis discount." 'Whether special circumstances justified longer parole supervision for Mr Sheard and Mr Wells.']

Ratio Decidendi

The offence was a serious home invasion that was slightly above the middle of the range of objective seriousness because the offenders entered the victim's home, two were armed with machetes, the offenders acted in company, violence and actual bodily harm were inflicted, and they knew the elderly victim was at home. Ms Ridgeway's youth, absence of prior convictions, strong remorse, good rehabilitation prospects and voluntary disclosure to police justified a non-custodial outcome despite the seriousness of the offence. Mr Sheard's youth and limited criminal history reduced his sentence, but imprisonment was required because of the seriousness of the offence and his offending while on...

Court Disposition

Ms Ridgeway was ordered to perform community service and released forthwith; Mr Sheard and Mr Wells were sentenced to imprisonment with non-parole periods fixed.

Orders

  • ["Jasmine Lee Ridgeway is to perform 200 hours' community service and report to the Lake Macquarie Probation and Parole Service within seven days upon her release from custody." 'Jasmine Lee Ridgeway is entitled to be released forthwith.' 'Emmett Raymond Sheard is sentenced to imprisonment with a non-parole period...