R v Gary Mackay [2014] NSWDC 2

R v Gary Mackay [2014] NSWDC 2

The custodial aggregate sentence is appropriate and just, reflecting totality and proportionality of multiple related offences committed while on parole and in custody, taking account of early plea, personal background of deprivation and institutionalisation (mitigating moral culpability), seriousness of the offences (mostly below mid-range), need for rehabilitation, and special circumstances warranting variation of the standard non-parole ratio.

Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Criminal / Sentencing
Outcome
Custodial sentence imposed
Legal Topics
['sentencing' 'aggregate Sentences' 'non Parole Period' 'totality Principle' 'objective Seriousness' 'mitigation' 'institutionalisation' 'drug and Alcohol Abuse' 'parole Eligibility']
['criminal Law'] ['sentencing' 'aggregate Sentences' 'non Parole Period' 'totality Principle' 'objective Seriousness' 'mitigation' 'institutionalisation' 'drug and Alcohol Abuse' 'parole Eligibility']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate aggregate sentence for multiple offences committed while on parole and in custody' 'Application of sentencing principles including totality, proportionality, general and specific deterrence, and mitigation due to background and deprivation' 'Assessing objective seriousness and eligibility for rehabilitation programs']

Ratio Decidendi

The custodial aggregate sentence is appropriate and just, reflecting totality and proportionality of multiple related offences committed while on parole and in custody, taking account of early plea, personal background of deprivation and institutionalisation (mitigating moral culpability), seriousness of the offences (mostly below mid-range), need for rehabilitation, and special circumstances warranting variation of the standard non-parole ratio.

Court Disposition

Custodial sentence imposed

Orders

  • ['Convicted on all counts' 'Aggregate sentence of 7 years imprisonment pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999' 'Non-parole period of 3 years and 6 months, commencing 18 July 2013 and expiring 17 January 2017' 'Balance of imprisonment 3 years and 6 months, expiring 17 July 2020' 'Special...