R v Arvinthan [2021] NSWDC 253

R v Arvinthan [2021] NSWDC 253

The appropriate sentence for the offender is an aggregate term of four years, six months imprisonment with a non-parole period of two years, nine months, taking into account the seriousness of the offences, the early guilty plea, the offender's background, risk of reoffending, lack of remorse, and considerations of totality as well as special circumstances by reason of the offender's youth and first time in custody.

Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Sentence / Sentencing Decision
Outcome
Convicted and sentenced to aggregate term of imprisonment of 4 years 6 months with NPP 2 years 9 months, finding of special circumstances.
Legal Topics
['sentencing' 'break and Enter' 'aggravated Break and Enter' 'sexual Touching' 'entering Dwelling House With Intent to Steal']
['criminal Law'] ['sentencing' 'break and Enter' 'aggravated Break and Enter' 'sexual Touching' 'entering Dwelling House With Intent to Steal']

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Procedural Posture

Sentence / Sentencing Decision

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender for entering a dwelling house with intent to steal and aggravated break and enter dwelling house and commit sexual touching?' "Does the offender's background or youth constitute 'special circumstances'?" 'What is the objective and subjective seriousness of the offences?' 'Should the principles in Bugmy v R (2013) 302 ALR 192 be given weight?']

Ratio Decidendi

The appropriate sentence for the offender is an aggregate term of four years, six months imprisonment with a non-parole period of two years, nine months, taking into account the seriousness of the offences, the early guilty plea, the offender's background, risk of reoffending, lack of remorse, and considerations of totality as well as special circumstances by reason of the offender's youth and first time in custody.

Court Disposition

Convicted and sentenced to aggregate term of imprisonment of 4 years 6 months with NPP 2 years 9 months, finding of special circumstances.

Orders

  • ['Aggregate sentence of 4 years 6 months imprisonment with non-parole period of 2 years 9 months (from 1/3/20 to 31/11/22)' 'Indicative sentence for Seq 4 enter dwelling house – 2 years (Form 1 taken into account)' 'Indicative sentence for Seq 7 aggravated break, enter and steal – 3 years 4 months with NPP 2 years'...