R v BURNS [2019] NSWDC 162

R v BURNS [2019] NSWDC 162

An aggregate sentence of seven years with a non-parole period of four years and two months is appropriate for the multiple and objectively serious offences committed by the offender over a short period, having regard to his youth, background of deprivation, demonstrated remorse, early pleas, need for rehabilitation, application of the totality principle, and recognition of special circumstances.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Sentencing / Sentence Hearing
Outcome
Aggregate sentence of seven years imprisonment with non-parole period of four years and two months.
Legal Topics
['sentencing' 'police Pursuit' 'break and Enter' 'accessory to Armed Robbery' 'receiving Stolen Property' 'dishonesty Offences' 'aggregate Sentencing' 'form 1 Matters' 'totality Principle' 'concurrence and Accumulation' 'special Circumstances' 'parole Breach']
['criminal Law'] ['sentencing' 'police Pursuit' 'break and Enter' 'accessory to Armed Robbery' 'receiving Stolen Property' 'dishonesty Offences' 'aggregate Sentencing' 'form 1 Matters' 'totality Principle' 'concurrence and Accumulation' 'special Circumstances' 'parole Breach']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentencing / Sentence Hearing

Legal Issues

  1. 1 ['Determining appropriate aggregate sentence for multiple offences, including break and enter, receiving stolen property, dishonesty offences, accessory to armed robbery, and police pursuit' 'Application of the principles of totality, concurrency and accumulation in aggregate sentencing' 'Assessment of the impact of background of deprivation and special circumstances on sentencing']

Ratio Decidendi

An aggregate sentence of seven years with a non-parole period of four years and two months is appropriate for the multiple and objectively serious offences committed by the offender over a short period, having regard to his youth, background of deprivation, demonstrated remorse, early pleas, need for rehabilitation, application of the totality principle, and recognition of special circumstances.

Court Disposition

Aggregate sentence of seven years imprisonment with non-parole period of four years and two months.

Orders

  • ['Offender sentenced to aggregate term of seven years imprisonment.' 'Non-parole period set at four years and two months.' 'Sentence to commence 14 March 2018 and expire 13 May 2022; balance of sentence from 14 May 2022 to 13 March 2025.' 'Driver disqualification for two years commencing on release from custody.']