R v Pehar [2019] NSWDC 487

R v Pehar [2019] NSWDC 487

Having considered the seriousness and number of offences, aggravating and mitigating factors, prospects of rehabilitation, and the need for general deterrence, a sentence of full-time imprisonment is warranted and justified. Aggregate sentence reflects both objective and subjective factors, and special circumstances for non-parole period are found.

Jurisdiction
Australia
Judgment Date
12 August 2019
Procedural Posture
Criminal / Sentencing After Trial
Outcome
Convicted and sentenced to aggregate term of imprisonment.
Legal Topics
['sentencing' 'larceny' 'break and Enter' 'take and Drive Conveyance']
['criminal Law'] ['sentencing' 'larceny' 'break and Enter' 'take and Drive Conveyance']

Case Brief

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Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including larceny, break and enter, take and drive conveyance, destroy/damage property; consideration of aggravating and mitigating factors; effect of drug addiction and rehabilitation prospects; application of the parity principle to co-offenders']

Ratio Decidendi

Having considered the seriousness and number of offences, aggravating and mitigating factors, prospects of rehabilitation, and the need for general deterrence, a sentence of full-time imprisonment is warranted and justified. Aggregate sentence reflects both objective and subjective factors, and special circumstances for non-parole period are found.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment.

Orders

  • ['Convicted of ten offences as set out on indictment.' "Aggregate sentence of six years' imprisonment from 27 September 2018 to 26 September 2024." 'Aggregate non-parole period of three years from 27 September 2018 to 26 September 2021.']