R v Peter James DAY [2010] NSWDC 40

R v Peter James DAY [2010] NSWDC 40

Although the offence was at the lower end of the scale for recruiting a child because AC was almost eighteen, not innocent, and never intended to carry out the plan, the offender repeatedly sought over months to have SA terrorised by a person armed with a pistol and struck in the head, paid AC $14,000, and later engaged others after this plan failed. The objective criminality required imprisonment, with reductions or moderation for the guilty plea, assistance, delay, subjective circumstances, and totality.

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment for a total sentence of twenty-one months with a non-parole period of five months and a period of eligibility for parole of sixteen months.
Legal Topics
['recruiting a Child to Carry Out Criminal Activity' 'custodial Sentence' 'guilty Plea Discount' 'totality' 'non Parole Period']
['criminal Law' 'sentencing'] ['recruiting a Child to Carry Out Criminal Activity' 'custodial Sentence' 'guilty Plea Discount' 'totality' 'non Parole Period']

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

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ["Whether the offender's conduct in recruiting a seventeen-year-old to threaten and assault SA warranted a custodial sentence or release on a bond under s 10 or s 9 of the Crimes (Sentencing Procedure) Act 1999." 'The appropriate sentence for the offence, including the effect of delay, the guilty plea, assistance to authorities, remorse, rehabilitation prospects, and totality.']

Ratio Decidendi

Although the offence was at the lower end of the scale for recruiting a child because AC was almost eighteen, not innocent, and never intended to carry out the plan, the offender repeatedly sought over months to have SA terrorised by a person armed with a pistol and struck in the head, paid AC $14,000, and later engaged others after this plan failed. The objective criminality required imprisonment, with reductions or moderation for the guilty plea, assistance, delay, subjective circumstances, and totality.

Court Disposition

The offender was sentenced to imprisonment for a total sentence of twenty-one months with a non-parole period of five months and a period of eligibility for parole of sixteen months.

Orders

  • ['The offender is sentenced to imprisonment.' 'The sentence is to date from 20 November 2010.' 'A non-parole period of five months is set.' 'A period of eligibility for parole of sixteen months is set, making a total sentence of twenty-one months.' 'The offender is to be released to parole on 19 April 2011.']