R v DELL [2011] NSWDC 211

R v DELL [2011] NSWDC 211

Given the seriousness of the aggravated break, deprivation of liberty, threats, wounding and the late plea of guilty together with assistance to authorities, a term of imprisonment of six and a half years with a non-parole period of four years is appropriate, reflecting both the gravity of offending and the limited utilitarian value of the late plea yet acknowledging some merit for promised assistance and personal factors.

Jurisdiction
Australia
Judgment Date
04 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment.
Legal Topics
['sentencing' 'break Enter and Steal' 'deprivation of Liberty' 'wounding' 'demand Money With Menaces']
['criminal Law'] ['sentencing' 'break Enter and Steal' 'deprivation of Liberty' 'wounding' 'demand Money With Menaces']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender given the seriousness and circumstances of the armed break, deprivation of liberty, wounding, theft, and subsequent menacing demands for money against the victim?' 'How do the late plea of guilty and assistance to authorities affect sentencing?' 'Are there special circumstances to be considered in determining the non-parole period and head sentence?']

Ratio Decidendi

Given the seriousness of the aggravated break, deprivation of liberty, threats, wounding and the late plea of guilty together with assistance to authorities, a term of imprisonment of six and a half years with a non-parole period of four years is appropriate, reflecting both the gravity of offending and the limited utilitarian value of the late plea yet acknowledging some merit for promised assistance and personal factors.

Court Disposition

Offender sentenced to imprisonment.

Orders

  • ['Sentence of imprisonment: 6.5 years head sentence.' 'Non-parole period set at 4 years.' 'Non-parole period to date from 18 October 2011, expiring 17 October 2015.' 'Recommendation that Mr Dell be placed in protection immediately.']