R v Higgins; R v Higgins [2014] NSWDC 356

R v Higgins; R v Higgins [2014] NSWDC 356

The total effective sentence of five years and ten months (with a non-parole period of three years) was chosen after considering the seriousness of the offences (including aggravating features such as committing offences while on conditional liberty and in the victim's home), the offender's deprivation and background, the utilitarian value of the guilty plea, and the need for general and specific deterrence. Special circumstances were found, justifying an altered ratio of non-parole period to total term, and sentences for related offences were ordered to be concurrent but accumulative on the Westmead sentence.

Jurisdiction
Australia
Judgment Date
12 August 2014
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced.
Legal Topics
['sentencing' 'break and Enter' 'assault' 'detain for Advantage' 'aggravating and Mitigating Factors' 'special Circumstances' 'guilty Plea and Discount' 'parole' 'objective and Moral Culpability']
['criminal Law'] ['sentencing' 'break and Enter' 'assault' 'detain for Advantage' 'aggravating and Mitigating Factors' 'special Circumstances' 'guilty Plea and Discount' 'parole' 'objective and Moral Culpability']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple counts of break, enter and steal, assault, and detaining with intent to obtain advantage' 'Application of discounts for guilty plea' 'Consideration of special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999' "Determination of objective and moral culpability in sentencing given the offender's background"]

Ratio Decidendi

The total effective sentence of five years and ten months (with a non-parole period of three years) was chosen after considering the seriousness of the offences (including aggravating features such as committing offences while on conditional liberty and in the victim's home), the offender's deprivation and background, the utilitarian value of the guilty plea, and the need for general and specific deterrence. Special circumstances were found, justifying an altered ratio of non-parole period to total term, and sentences for related offences were ordered to be concurrent but accumulative on the Westmead sentence.

Court Disposition

Offender convicted and sentenced.

Orders

  • ['Count 1 (Break, enter, steal, aggravation) – imprisonment of 2 years and 10 months (non-parole period of 2 years) to commence from 1 September 2014.' 'Count 2 (Assault) – imprisonment of 10 months to commence from 1 September 2014.' 'Count 3 (Detain with intent to obtain advantage) – imprisonment of 2 years and 10...