R v Stanley Thomas BOWDEN [2013] NSWDC 170

R v Stanley Thomas BOWDEN [2013] NSWDC 170

The aggregate sentence of 8 years imprisonment (non-parole period of 5 years) for Bowden's offences was justified in light of the objective seriousness of the crimes (home invasion, aggravated break, enter and steal, and car theft), Bowden's comparatively lesser role in the violence, his extensive criminal record, substance abuse issues, late but accepted guilty plea (with discounts), evidence of genuine remorse, some guarded prospects of rehabilitation, and special circumstances warranting reduction of the non-parole period. Referral to the Drug Court under s 18B Drug Court Act 1998 was additionally ordered to assess suitability for compulsory drug treatment.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on all counts; aggregate sentence imposed; referral to Drug Court.
Legal Topics
['home Invasion' 'aggravated Break Enter and Steal' 'take and Drive Conveyance' 'sentencing' 'drug Treatment Order']
['criminal Law'] ['home Invasion' 'aggravated Break Enter and Steal' 'take and Drive Conveyance' 'sentencing' 'drug Treatment Order']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriateness and length of sentence for aggravated break, enter and steal (home invasion) and related offences' "Consideration of objective seriousness of offences and offender's role" 'Impact of substance abuse and personal circumstances on criminal liability and sentencing' 'Discount for guilty plea and assessment of prospects of rehabilitation' 'Referral to Drug Court for possible compulsory drug treatment order']

Ratio Decidendi

The aggregate sentence of 8 years imprisonment (non-parole period of 5 years) for Bowden's offences was justified in light of the objective seriousness of the crimes (home invasion, aggravated break, enter and steal, and car theft), Bowden's comparatively lesser role in the violence, his extensive criminal record, substance abuse issues, late but accepted guilty plea (with discounts), evidence of genuine remorse, some guarded prospects of rehabilitation, and special circumstances warranting reduction of the non-parole period. Referral to the Drug Court under s 18B Drug Court Act 1998 was additionally ordered to assess suitability for compulsory drug treatment.

Court Disposition

Convicted on all counts; aggregate sentence imposed; referral to Drug Court.

Orders

  • ['Aggregate sentence of 8 years imprisonment from 29 May 2011 to 28 May 2019.' 'Non-parole period of 5 years (ends 28 May 2016).' 'Referral to Drug Court under Drug Court Act 1998 s 18B.' 'Form 1 offences taken into account for sentencing as required.']