R v Jack Toutounji [2017] NSWDC 188

R v Jack Toutounji [2017] NSWDC 188

An aggregate sentence of 6 years and 6 months full-time imprisonment with a non-parole period of 4 years and 3 months is appropriate for the totality of the 5 principal offences and associated further offences, reflecting the objective severity, prior criminal record, poor rehabilitation prospects, receiving a total 35% discount for early guilty plea and assistance, and a moderate adjustment for special circumstances due primarily to risk of institutionalisation and underlying anxiety. Sentence is backdated in part to account for continuous custody. Referral made to the Drug Court for possible compulsory drug treatment order.

Jurisdiction
Australia
Judgment Date
16 May 2017
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of full-time imprisonment imposed; referral to Drug Court for eligibility determination; non-parole period fixed; backup offence dismissed.
Legal Topics
['sentencing' 'break Enter and Steal' 'aggregate Sentencing' 'special Circumstances' 'drug Court Referral']
['criminal Law'] ['sentencing' 'break Enter and Steal' 'aggregate Sentencing' 'special Circumstances' 'drug Court Referral']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple break, enter and steal type offences over a 4-month period' 'Application of aggregate sentence provisions under Crimes (Sentencing Procedure) Act 1999' 'Consideration of special circumstances reducing statutory non-parole period ratio' 'Relevance of offender’s subjective circumstances and mental health' 'Prospects of rehabilitation and impact of drug dependence' 'Referral for compulsory drug treatment order']

Ratio Decidendi

An aggregate sentence of 6 years and 6 months full-time imprisonment with a non-parole period of 4 years and 3 months is appropriate for the totality of the 5 principal offences and associated further offences, reflecting the objective severity, prior criminal record, poor rehabilitation prospects, receiving a total 35% discount for early guilty plea and assistance, and a moderate adjustment for special circumstances due primarily to risk of institutionalisation and underlying anxiety. Sentence is backdated in part to account for continuous custody. Referral made to the Drug Court for possible compulsory drug treatment order.

Court Disposition

Aggregate sentence of full-time imprisonment imposed; referral to Drug Court for eligibility determination; non-parole period fixed; backup offence dismissed.

Orders

  • ['Convicted of each of the 5 principal offences.' 'Aggregate sentence of 6 years and 6 months full-time imprisonment commencing 3 September 2016 and expiring 2 March 2023.' 'Non-parole period of 4 years and 3 months commencing 3 September 2016 and expiring 2 December 2020.' 'Referral to Drug Court to determine...