R v Sutton-Howsan [2020] NSWDC 844

R v Sutton-Howsan [2020] NSWDC 844

An aggregate sentence of two years and nine months, with a non-parole period of 22 months, is appropriate given the offences' objective seriousness, aggravating and mitigating factors, the offender's criminal and drug history, guilty plea, and special circumstances warranting extended supervision.

Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to aggregate term of imprisonment of two years, nine months with a non-parole period of 22 months, and other specified orders.
Legal Topics
['sentencing' 'aggravating Factors' 'mitigating Factors' 'imprisonment' 'objective Seriousness' 'deterrence' 'drug Addiction']
['criminal Law'] ['sentencing' 'aggravating Factors' 'mitigating Factors' 'imprisonment' 'objective Seriousness' 'deterrence' 'drug Addiction']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offences including aggravated break and enter, use of weapon, resisting arrest and intimidation' 'Assessment of aggravating and mitigating factors in sentencing' 'Determination of special circumstances for extended supervision']

Ratio Decidendi

An aggregate sentence of two years and nine months, with a non-parole period of 22 months, is appropriate given the offences' objective seriousness, aggravating and mitigating factors, the offender's criminal and drug history, guilty plea, and special circumstances warranting extended supervision.

Court Disposition

Offender convicted and sentenced to aggregate term of imprisonment of two years, nine months with a non-parole period of 22 months, and other specified orders.

Orders

  • ['The offender is convicted of each offence.' 'Indicative sentence for Sequence 1 (plus Form 1 matters): 2 years and 1 month with a 16 month non-parole period.' 'Indicative sentence for Sequence 2: 18 months.' 'Indicative sentence for Sequence 6: 13 months.' 'Indicative sentence for Sequence 8: 9 months.' 'Aggregate...