R v Callebaut [2019] NSWDC 352

R v Callebaut [2019] NSWDC 352

Taking into account the offender's aggravating factors (seriousness, risk to public, breach of parole, record), mitigating factors (early guilty plea, remorse, youth, mental illness, substance abuse, special circumstances), and submissions on totality, an aggregate sentence of imprisonment of 2 years with a non-parole period of 13 months from the specified commencement date is appropriate.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; aggregate term of imprisonment imposed
Legal Topics
['sentencing' 'aggravating Factors' 'mitigating Factors' 'moral Culpability' 'totality Principle' 'mental Illness' 'intoxication' 'drug Addiction']
['criminal Law'] ['sentencing' 'aggravating Factors' 'mitigating Factors' 'moral Culpability' 'totality Principle' 'mental Illness' 'intoxication' 'drug Addiction']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offences committed by the offender given the aggravating and mitigating factors, including mental health and drug addiction?' 'How should the principle of totality be applied regarding commencement of the term of imprisonment?']

Ratio Decidendi

Taking into account the offender's aggravating factors (seriousness, risk to public, breach of parole, record), mitigating factors (early guilty plea, remorse, youth, mental illness, substance abuse, special circumstances), and submissions on totality, an aggregate sentence of imprisonment of 2 years with a non-parole period of 13 months from the specified commencement date is appropriate.

Court Disposition

Convicted; aggregate term of imprisonment imposed

Orders

  • ['The offender is convicted of each offence.' 'Aggregate sentence of imprisonment of 2 years, commencing 10 September 2018 and expiring 9 September 2020.' 'Non-parole period of 13 months, expiring 9 October 2019; eligible for parole on that date.' 'Indicative sentences: Seq 002 Police pursuit—20 months; Seq 008...