R v Dungay [2021] NSWDC 160

R v Dungay [2021] NSWDC 160

Given the objective seriousness of the offending is below the mid-range but aggravated by the use of weapons and commission while on conditional liberty, and considering the offender's significant criminal history, background of social disadvantage, mental health and substance abuse, as well as his partial prospects for rehabilitation and parity with co-offenders, the appropriate sentence is four and a half years imprisonment (after a 10% discount for the guilty plea), with a non-parole period of two and a half years, found to be special circumstances, commencing 23 June 2020 and expiring 22 December 2022, with the balance expiring 22 December 2024.

Jurisdiction
Australia
Judgment Date
29 April 2021
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
['property Offences' 'break and Enter' 'aggravated Offences' 'complicity' 'conspiracy' 'sentencing' 'parity']
['criminal Law'] ['property Offences' 'break and Enter' 'aggravated Offences' 'complicity' 'conspiracy' 'sentencing' 'parity']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender convicted of specially aggravated break and enter and commit serious indictable offence under section 112(3) of the Crimes Act 1900 (NSW)?' "How do the offender's subjective circumstances, including disadvantaged background, criminal history, and guilty plea timing, affect the sentence?" 'Should special circumstances be found to vary from the standard non-parole period under section 54A?' 'How does parity with co-offenders affect sentencing in this case?']

Ratio Decidendi

Given the objective seriousness of the offending is below the mid-range but aggravated by the use of weapons and commission while on conditional liberty, and considering the offender's significant criminal history, background of social disadvantage, mental health and substance abuse, as well as his partial prospects for rehabilitation and parity with co-offenders, the appropriate sentence is four and a half years imprisonment (after a 10% discount for the guilty plea), with a non-parole period of two and a half years, found to be special circumstances, commencing 23 June 2020 and expiring 22 December 2022, with the balance expiring 22 December 2024.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • ['For the offence under s 112(3) Crimes Act 1900 (NSW), the offender is convicted.' 'The offender is sentenced to a term of imprisonment of four and a half years, with a non-parole period of two and a half years commencing on 23 June 2020 and expiring on 22 December 2022, and a balance of term expiring on 22...