R v Weir [2019] NSWDC 301

R v Weir [2019] NSWDC 301

Having regard to the objective and subjective features, guilty plea, prospects of rehabilitation and special circumstances, a sentence of two years and two months imprisonment with a non-parole period of 16 months is imposed, commencing 3 February 2018.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment for two years and two months, with a non-parole period of 16 months. Convicted of contravening an apprehended violence order and fined $800. Sentence commencement backdated to 3 February 2018.
Legal Topics
['property Offences' 'break and Enter' 'larceny' 'sentencing' 'contravention of Apprehended Violence Order']
['criminal Law'] ['property Offences' 'break and Enter' 'larceny' 'sentencing' 'contravention of Apprehended Violence Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter and larceny under Crimes Act 1900 s 112(2)' 'Effect of guilty plea on sentencing' 'Assessment of objective seriousness and subjective circumstances']

Ratio Decidendi

Having regard to the objective and subjective features, guilty plea, prospects of rehabilitation and special circumstances, a sentence of two years and two months imprisonment with a non-parole period of 16 months is imposed, commencing 3 February 2018.

Court Disposition

Offender convicted and sentenced to imprisonment for two years and two months, with a non-parole period of 16 months. Convicted of contravening an apprehended violence order and fined $800. Sentence commencement backdated to 3 February 2018.

Orders

  • ['The offender is convicted and sentenced to a period of imprisonment for two years and two months, non-parole period of 16 months.' 'Sentence to commence from 3 February 2018 and expire on 1 April 2020.' 'Non-parole period to commence on 3 February 2018, eligible for parole on 2 June 2019.' 'For the contravention...