R v Warrilow [2021] NSWDC 631

R v Warrilow [2021] NSWDC 631

Given the deliberate targeting of elderly and vulnerable victims, persistent and serious pattern of dishonesty, lack of insight, risk of reoffending, and community safety considerations, a custodial sentence of three years and six months with a non-parole period of two years and one month is warranted. The circumstances do not permit an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment of three years and six months with a non-parole period of two years and one month. Intensive Corrections Order refused.
Legal Topics
['sentencing' 'dishonest Obtaining of Financial Advantage by Deception' 'stealing' 'aggravated Break and Enter' 'vulnerable Victims' 'mitigating and Aggravating Factors' 'intensive Correction Order Refusal']
['criminal Law'] ['sentencing' 'dishonest Obtaining of Financial Advantage by Deception' 'stealing' 'aggravated Break and Enter' 'vulnerable Victims' 'mitigating and Aggravating Factors' 'intensive Correction Order Refusal']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for offences of dishonestly obtaining financial advantage by deception, stealing property in a dwelling-house, and aggravated enter dwelling with intent, where the victims are elderly and vulnerable?' 'Whether the sentence should be served by way of an Intensive Correction Order in the community or by full-time custody?']

Ratio Decidendi

Given the deliberate targeting of elderly and vulnerable victims, persistent and serious pattern of dishonesty, lack of insight, risk of reoffending, and community safety considerations, a custodial sentence of three years and six months with a non-parole period of two years and one month is warranted. The circumstances do not permit an Intensive Correction Order.

Court Disposition

Aggregate sentence of imprisonment of three years and six months with a non-parole period of two years and one month. Intensive Corrections Order refused.

Orders

  • ['Aggregate sentence of three years and six months imprisonment.' 'Non-parole period of two years and one month.' 'Offender eligible for parole consideration on 20 March 2022.' 'Reports of psychologist Mr Awit and psychiatrist Associate Professor Robertson to accompany warrant to Community Corrections.']