R v Keighran [2018] NSWDC 536

R v Keighran [2018] NSWDC 536

Given the seriousness of the offence, the substantial risk to public safety, the aggravating feature of commission while on conditional liberty, and the significant but not primary role of the accused, a sentence of imprisonment is appropriate. However, extra-curial punishment, genuine remorse, limited criminal history, and prospects for rehabilitation justify some leniency and the finding of special circumstances.

Jurisdiction
Australia
Judgment Date
03 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted and sentenced to 2 years and 7 months imprisonment.
Legal Topics
['property Offences' 'destroying or Damaging Property' 'sentencing' 'complicity' 'joint Criminal Enterprise' 'aggravating Factors' 'objective Seriousness' 'extra Curial Punishment']
['criminal Law'] ['property Offences' 'destroying or Damaging Property' 'sentencing' 'complicity' 'joint Criminal Enterprise' 'aggravating Factors' 'objective Seriousness' 'extra Curial Punishment']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for damaging property by fire in company (arson) under Crimes Act 1900 (NSW), s 195' 'Effect of joint criminal enterprise on individual culpability' 'Consideration of extra-curial punishment suffered by the offender during sentencing' 'Objective seriousness and aggravating factors, including offending while on conditional liberty' 'Impact of psychological and physical health on sentencing']

Ratio Decidendi

Given the seriousness of the offence, the substantial risk to public safety, the aggravating feature of commission while on conditional liberty, and the significant but not primary role of the accused, a sentence of imprisonment is appropriate. However, extra-curial punishment, genuine remorse, limited criminal history, and prospects for rehabilitation justify some leniency and the finding of special circumstances.

Court Disposition

Accused convicted and sentenced to 2 years and 7 months imprisonment.

Orders

  • ['The offender is to serve a non-parole period of 1 year and 8 months and a balance of term of 11 months.' 'Sentence dates from 21 September 2016, expires on 20 April 2019.' 'The offender is to be released to parole on 20 May 2018.']