R v Jordan [2016] NSWDC 164

R v Jordan [2016] NSWDC 164

Given the standard nature and community impact of the offences, and the offender's early guilty plea, criminal history, and background factors, an aggregate sentence with a non-parole period and recognition of special circumstances is appropriate to address punishment, deterrence, and prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
04 March 2016
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed with special circumstances found. Non-parole period and head sentence set. Eligibility for parole after specified period.
Legal Topics
['sentence' 'aggregated Sentence' 'break and Enter' 'form 1 Offences' 'aggravated Enter Dwelling' 'charge Bargaining' 'role Models' 'drug Dependency' 'rehabilitation' 'parole']
['criminal Law'] ['sentence' 'aggregated Sentence' 'break and Enter' 'form 1 Offences' 'aggravated Enter Dwelling' 'charge Bargaining' 'role Models' 'drug Dependency' 'rehabilitation' 'parole']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for aggravated enter dwelling with intent to steal and associated offences' "Impact of offender's background and drug use on culpability and sentencing" 'Validity of charge bargaining by DPP avoiding standard non-parole periods' 'Determination and justification of aggregate sentence and non-parole period']

Ratio Decidendi

Given the standard nature and community impact of the offences, and the offender's early guilty plea, criminal history, and background factors, an aggregate sentence with a non-parole period and recognition of special circumstances is appropriate to address punishment, deterrence, and prospects of rehabilitation.

Court Disposition

Aggregate sentence of imprisonment imposed with special circumstances found. Non-parole period and head sentence set. Eligibility for parole after specified period.

Orders

  • ['Aggregate sentence of 3.5 years imprisonment from 27 July 2015' 'Non-parole period of 2 years to expire 26 July 2017; eligibility for parole on that date' 'Finding of special circumstances for parole supervision' 'Sentence reduced by 25% for early guilty plea']