R v Monteiro [2021] NSWDC 340

R v Monteiro [2021] NSWDC 340

Given the persistent and deliberate breaches of both interim and extended supervision orders, the objective seriousness of most counts, the offender's criminal history, and the need for both specific and general deterrence, only full-time imprisonment is appropriate. Health and hardship factors are considered but do not warrant alternatives to custody or special circumstances under sentencing law. An aggregate sentence of 2 years and 8 months with a non-parole period of 2 years is appropriate.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of imprisonment imposed; parole fixed.
Legal Topics
['sentencing' 'high Risk Offenders' 'extended Supervision Orders' 'breach of Supervision Orders' 'aggregate Sentencing' 'totality' 'form 1 Offences' 'purposes of Sentencing' 'subjective Circumstances' 'health Issues' 'custodial Hardship' 'mental Health' 'special Circumstances']
['criminal Law'] ['sentencing' 'high Risk Offenders' 'extended Supervision Orders' 'breach of Supervision Orders' 'aggregate Sentencing' 'totality' 'form 1 Offences' 'purposes of Sentencing' 'subjective Circumstances' 'health Issues' 'custodial Hardship' 'mental Health' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for multiple breaches of interim and extended supervision orders under the Crimes (High Risk Offenders) Act 2006 (NSW)?' 'Should factors such as health issues, hardship, and prospects of rehabilitation modify the sentence?' 'Is there basis for finding special circumstances to vary the statutory non-parole and parole ratio?']

Ratio Decidendi

Given the persistent and deliberate breaches of both interim and extended supervision orders, the objective seriousness of most counts, the offender's criminal history, and the need for both specific and general deterrence, only full-time imprisonment is appropriate. Health and hardship factors are considered but do not warrant alternatives to custody or special circumstances under sentencing law. An aggregate sentence of 2 years and 8 months with a non-parole period of 2 years is appropriate.

Court Disposition

Aggregate sentence of imprisonment imposed; parole fixed.

Orders

  • ['Offender sentenced to an aggregate term of imprisonment of 2 years and 8 months, commencing 18 August 2020 and expiring 17 April 2023, with a non-parole period of 2 years expiring 17 August 2022.' 'Offender to be released to parole on 17 August 2022.' 'No finding of special circumstances.']