R v Milligan [2019] NSWDC 562

R v Milligan [2019] NSWDC 562

The aggregate sentence of five years' imprisonment with a non-parole period of three years and four months was imposed having regard to the objective seriousness of the offences, the offender's extensive criminal history, commission of the offences while on parole, poor prospects for rehabilitation, and findings of special circumstances.

Parties
Prosecution: Director of Public Prosecutions (DPP); Offender: Aaron John Milligan
Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on four counts and sentenced.
Legal Topics
Property Offences, Break, Enter and Steal, Assault Occasioning Actual Bodily Harm, Sentencing, Aggregate Sentences, Special Circumstances
Criminal Law Property Offences Break, Enter and Steal Assault Occasioning Actual Bodily Harm Sentencing Aggregate Sentences Special Circumstances

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Parties

Director of Public Prosecutions (DPP)

Prosecution

Aaron John Milligan

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple property and violent offences committed while on parole
  2. 2 Consideration of offender's subjective circumstances and likelihood of rehabilitation
  3. 3 Assessment of objective seriousness for break, enter and steal, and associated offences

Ratio Decidendi

The aggregate sentence of five years' imprisonment with a non-parole period of three years and four months was imposed having regard to the objective seriousness of the offences, the offender's extensive criminal history, commission of the offences while on parole, poor prospects for rehabilitation, and findings of special circumstances.

Court Disposition

Offender convicted on four counts and sentenced.

Orders

  • Indicative sentence: break, enter and steal – 3 years imprisonment
  • Indicative sentence: steal property in dwelling house – 18 months imprisonment