R v Alan COSGROVE [2007] NSWDC 375

R v Alan COSGROVE [2007] NSWDC 375

Given the guilty plea, lengthy continuous custody, drug addiction issues, and interruptions to rehabilitation, the offender is sentenced to three years' imprisonment with a non-parole period of one year commencing 25 November 2006, but the sentence will not be backdated to overlap with the previous non-parole period.

Jurisdiction
Australia
Judgment Date
11 May 2007
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment with a non-parole period of one year and a head sentence of three years.
Legal Topics
['sentencing' 'break, Enter and Steal' 'dna Evidence' 'drug Addiction and Sentencing' 'form 1 Offences']
['criminal Law'] ['sentencing' 'break, Enter and Steal' 'dna Evidence' 'drug Addiction and Sentencing' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for break, enter and steal while a significant drug user' 'Impact of delay in proceedings not attributable to the offender' 'Consideration of continuous custody and rehabilitation prospects' 'Whether sentence commencement should be backdated given delay' 'Entitlement to special circumstances with respect to parole eligibility']

Ratio Decidendi

Given the guilty plea, lengthy continuous custody, drug addiction issues, and interruptions to rehabilitation, the offender is sentenced to three years' imprisonment with a non-parole period of one year commencing 25 November 2006, but the sentence will not be backdated to overlap with the previous non-parole period.

Court Disposition

Sentenced to imprisonment with a non-parole period of one year and a head sentence of three years.

Orders

  • ['Imprisonment for 3 years commencing 25 November 2006' 'Non-parole period of 1 year (expiry 24 November 2007)' 'Recommendation: Offender complete the Nura Nura rehabilitation program before release']