R v Crystal MARES; R v Michael MIDDLETON [2007] NSWDC 396

R v Crystal MARES; R v Michael MIDDLETON [2007] NSWDC 396

The court found Ms Mares' offending to be in the middle range of objective seriousness because it was planned and she knew one participant had a firearm, but her earliest guilty plea and special circumstances justified reducing the non-parole period and adjusting the parole ratio. Mr Middleton's offences were less serious than Ms Mares' but were planned, committed while he was on parole, and required general deterrence; his guilty plea, contrition, and recent motivation for rehabilitation justified a limited adjustment of the non-parole period ratio.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Both offenders were sentenced to terms of imprisonment.
Legal Topics
['sentencing' 'co Offenders' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'demand Property in Company With Menaces' 'aggravated Enter Dwelling House With Intent to Commit Serious Indictable Offence' 'steal in a Dwelling House' 'standard Non Parole Period' 'special Circumstances' 'general Deterrence' 'drug Abuse' 'offending While on Parole']
['criminal Law'] ['sentencing' 'co Offenders' 'aggravated Break and Enter and Commit Serious Indictable Offence' 'demand Property in Company With Menaces' 'aggravated Enter Dwelling House With Intent to Commit Serious Indictable Offence' 'steal in a Dwelling House' 'standard Non Parole Period' 'special Circumstances' 'general Deterrence' 'drug Abuse' 'offending While on Parole']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Ms Mares for aggravated break and enter and commit a serious indictable offence and demanding property in company with menaces with intent to steal.' 'What sentences should be imposed on Mr Middleton for aggravated entering a dwelling house with intent to commit a serious indictable offence and stealing in a dwelling house.' 'Whether the offences were planned and where they fell in the range of objective seriousness.' "Whether the offenders' guilty pleas and personal circumstances justified departure from the standard non-parole period or adjustment of the ratio between non-parole period and parole period."]

Ratio Decidendi

The court found Ms Mares' offending to be in the middle range of objective seriousness because it was planned and she knew one participant had a firearm, but her earliest guilty plea and special circumstances justified reducing the non-parole period and adjusting the parole ratio. Mr Middleton's offences were less serious than Ms Mares' but were planned, committed while he was on parole, and required general deterrence; his guilty plea, contrition, and recent motivation for rehabilitation justified a limited adjustment of the non-parole period ratio.

Court Disposition

Both offenders were sentenced to terms of imprisonment.

Orders

  • ['Ms Mares: for aggravated break and enter and commit a serious indictable offence, sentenced to six years imprisonment commencing 11 July 2006 and expiring 10 July 2012, with a non-parole period of three years commencing 11 July 2006 and expiring 10 July 2009, and a balance of the term of three years commencing 11...