R v Lincoln (No 2) [2018] NSWDC 356

R v Lincoln (No 2) [2018] NSWDC 356

While the offender demonstrated a genuine desire to rehabilitate, the seriousness of the offences and aggravating circumstances require a sentence of imprisonment, but special circumstances are found due to his background and prospects of rehabilitation.

Parties
Prosecution: The Crown; Offender: Bradley Lincoln
Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to an aggregate term of imprisonment: head sentence of 4 years with a non-parole period of 2 years.
Legal Topics
Sentence, Form 1, Prospects of Rehabilitation, Break and Enter, In Company, Dishonestly Obtain Money by Deception
Criminal Law Sentence Form 1 Prospects of Rehabilitation Break and Enter In Company Dishonestly Obtain Money by Deception

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Parties

The Crown

Prosecution

Bradley Lincoln

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated break, enter and steal with person present and dishonestly obtaining property by deception
  2. 2 Consideration of rehabilitation prospects

Ratio Decidendi

While the offender demonstrated a genuine desire to rehabilitate, the seriousness of the offences and aggravating circumstances require a sentence of imprisonment, but special circumstances are found due to his background and prospects of rehabilitation.

Court Disposition

Offender sentenced to an aggregate term of imprisonment: head sentence of 4 years with a non-parole period of 2 years.

Orders

  • Aggregate sentence: 4 years imprisonment with a non-parole period of 2 years commencing 26 June 2017; non-parole period to expire on 25 June 2019.