R v Bray [2019] NSWDC 274

R v Bray [2019] NSWDC 274

The objective seriousness of the aggravated break and enter offence is below mid-range, and the dishonestly obtaining property by deception offence falls well below mid-range. Taking into account the offender's contrition, plea of guilty, personal history, adverse background, and cooperation, together with the gravity of the offending and Form 1 offences, an aggregate sentence of 4 years and 3 months imprisonment is appropriate, with a non-parole period of 2 years and 3 months, commencing 3 December 2018.

Parties
Crown: Regina; Offender: Billy Bray
Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Sentence / Sentence Imposed After Guilty Plea
Outcome
Offender sentenced to an aggregate term of imprisonment of 4 years and 3 months, with a non-parole period of 2 years and 3 months.
Legal Topics
Property Offences, Aggravated Break and Enter, Fraud, Sentencing, Non Parole Period
Criminal Law Property Offences Aggravated Break and Enter Fraud Sentencing Non Parole Period

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Parties

Regina

Crown

Billy Bray

Offender

Procedural Posture

Sentence / Sentence Imposed After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for aggravated break and enter with circumstances of aggravation?
  2. 2 What is the appropriate sentence for dishonestly obtaining property by deception?
  3. 3 How should the standard non-parole period be applied in this case?

Ratio Decidendi

The objective seriousness of the aggravated break and enter offence is below mid-range, and the dishonestly obtaining property by deception offence falls well below mid-range. Taking into account the offender's contrition, plea of guilty, personal history, adverse background, and cooperation, together with the gravity of the offending and Form 1 offences, an aggregate sentence of 4 years and 3 months imprisonment is appropriate, with a non-parole period of 2 years and 3 months, commencing 3 December 2018.

Court Disposition

Offender sentenced to an aggregate term of imprisonment of 4 years and 3 months, with a non-parole period of 2 years and 3 months.

Orders

  • Aggregate sentence of imprisonment of 4 years and 3 months, commencing 3 December 2018.
  • Non-parole period of 2 years and 3 months, expiring 2 March 2021.