R v Borg [2015] NSWDC 393

R v Borg [2015] NSWDC 393

The aggravated break, enter and steal was a serious offence but at the very bottom of the range because it involved unoccupied commercial premises, little damage, a small amount taken and no persons present. Despite the offender's lengthy criminal history, his early pleas, substantial presentence custody, drug-free period, active rehabilitation and employment justified a 25% discount and a finding of special circumstances, resulting in a two-year head sentence with the time already served as the non-parole period and a wholly concurrent six-month sentence for larceny.

Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty
Outcome
Custodial sentences imposed; offender convicted on both charges.
Legal Topics
['sentence' 'break, Enter and Steal in Company' 'larceny' 'early Pleas of Guilty' 'special Circumstances' 'non Parole Period' 'drug Addiction and Rehabilitation']
['criminal Law'] ['sentence' 'break, Enter and Steal in Company' 'larceny' 'early Pleas of Guilty' 'special Circumstances' 'non Parole Period' 'drug Addiction and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for aggravated breaking, entering and stealing in company and larceny committed 10 days apart.' 'Whether the offender should receive the maximum discount for early pleas of guilty.' 'Whether special circumstances justified varying the statutory relationship between the head sentence and the non-parole period.' "What weight should be given to the offender's lengthy criminal history, drug addiction, time in custody, rehabilitation efforts and employment."]

Ratio Decidendi

The aggravated break, enter and steal was a serious offence but at the very bottom of the range because it involved unoccupied commercial premises, little damage, a small amount taken and no persons present. Despite the offender's lengthy criminal history, his early pleas, substantial presentence custody, drug-free period, active rehabilitation and employment justified a 25% discount and a finding of special circumstances, resulting in a two-year head sentence with the time already served as the non-parole period and a wholly concurrent six-month sentence for larceny.

Court Disposition

Custodial sentences imposed; offender convicted on both charges.

Orders

  • ['On the charge of break and enter and committing a serious indictable offence in circumstances of aggravation, the offender was convicted and sentenced to imprisonment for two years, comprising a non-parole period of one year, five weeks and two days commencing on 24 February 2014 and expiring on 1 April 2015, with...