R v BB [2019] NSWDC 556

R v BB [2019] NSWDC 556

Having regard to the objective seriousness of the offence, the offender's guilty plea, the application of a 20% discount for the utilitarian value of the plea entered at the first reasonable opportunity following plea negotiations, the aggravating and mitigating factors including offender's youth and need for rehabilitation, and the finding of special circumstances, the offender was sentenced to 8 years imprisonment with a non-parole period of 5 years and 6 months, commencing 26 January 2017.

Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Sentence / Sentencing Decision After Guilty Plea
Outcome
The offender is sentenced to 8 years imprisonment with a non-parole period of 5 years 6 months, commencing 26 January 2017.
Legal Topics
['property Offences' 'break, Enter and Commit Serious Indictable Offence' 'sentencing' 'aggravating Factors' 'victim Impact Statement' 'timing of Plea of Guilty' 'relevant Sentence Factors' 'extra Curial Punishment']
['criminal Law'] ['property Offences' 'break, Enter and Commit Serious Indictable Offence' 'sentencing' 'aggravating Factors' 'victim Impact Statement' 'timing of Plea of Guilty' 'relevant Sentence Factors' 'extra Curial Punishment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Sentencing Decision After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for specially aggravated break, enter and commit serious indictable offence under s 111(3) Crimes Act 1900?' 'What discount should be applied due to timing of plea of guilty?' 'How do aggravating and mitigating factors, including youth and extra-curial punishment, affect sentence?' 'Should special circumstances be found for a non-standard ratio of parole period?']

Ratio Decidendi

Having regard to the objective seriousness of the offence, the offender's guilty plea, the application of a 20% discount for the utilitarian value of the plea entered at the first reasonable opportunity following plea negotiations, the aggravating and mitigating factors including offender's youth and need for rehabilitation, and the finding of special circumstances, the offender was sentenced to 8 years imprisonment with a non-parole period of 5 years and 6 months, commencing 26 January 2017.

Court Disposition

The offender is sentenced to 8 years imprisonment with a non-parole period of 5 years 6 months, commencing 26 January 2017.

Orders

  • ['The offender is sentenced to a term of imprisonment for 8 years commencing 26 January 2017.' 'Non-parole period is 5 years 6 months, expiring 25 July 2022.' 'Head sentence expires 25 January 2025.' 'Finding of special circumstances for parole period.' 'Offender advised of potential for extended supervision under...