R v Rufeal Meskele [2021] NSWDC 704

R v Rufeal Meskele [2021] NSWDC 704

The Court found that the offending was a mid-range example of aggravated break and enter and robbery in company. The Offender was convicted as a party to a joint criminal enterprise, not as instigator or planner; he played a lesser role and was not found to be armed or to have made direct threats. However, full criminal liability for the acts of co-offenders attaches. Remorse was not established to the statutory threshold. Objective and subjective factors, including the impacts of COVID-19, youth, background, and prospects of rehabilitation, were considered. An aggregate sentence of 5 years imprisonment with a non-parole period of 2 years and 6 months was imposed, with commencement from...

Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to imprisonment
Legal Topics
['joint Criminal Enterprise' 'break and Enter' 'robbery in Company' 'sentencing' 'aggravating Factors' 'objective Seriousness' 'remorse' 'parity' 'fact Finding']
['criminal Law'] ['joint Criminal Enterprise' 'break and Enter' 'robbery in Company' 'sentencing' 'aggravating Factors' 'objective Seriousness' 'remorse' 'parity' 'fact Finding']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ["Offender's role and culpability in joint criminal enterprise of break and enter and robbery in company" 'Appropriate sentence reflecting objective and subjective factors including remorse, prospects of rehabilitation and parity']

Ratio Decidendi

The Court found that the offending was a mid-range example of aggravated break and enter and robbery in company. The Offender was convicted as a party to a joint criminal enterprise, not as instigator or planner; he played a lesser role and was not found to be armed or to have made direct threats. However, full criminal liability for the acts of co-offenders attaches. Remorse was not established to the statutory threshold. Objective and subjective factors, including the impacts of COVID-19, youth, background, and prospects of rehabilitation, were considered. An aggregate sentence of 5 years imprisonment with a non-parole period of 2 years and 6 months was imposed, with commencement from...

Court Disposition

Offender sentenced to imprisonment

Orders

  • ['Aggregate sentence of 5 years imprisonment with a non-parole period of 2 years and 6 months commencing 27 April 2021' 'Offender eligible for release on parole on 26 October 2023' 'No action taken in relation to the breaches of three Conditional Release Orders' 'Offender referred to the Drug Court for consideration...