R v Meloury; R v Green; R v Schulz [2019] NSWDC 919

R v Meloury; R v Green; R v Schulz [2019] NSWDC 919

Sentences imposed reflect the objective seriousness of the offending (armed home invasion involving wounding), respective roles of the offenders, personal circumstances and criminal histories, findings as to mitigating and aggravating factors, and principle of parity. Utilitarian discount for plea and special circumstances for parole periods applied as appropriate according to each offender's circumstances.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convictions entered. Custodial sentences of varying lengths imposed on each offender according to specific charges, role, aggravating/mitigating circumstances, and parity. Special circumstances found for parole.
Legal Topics
['sentencing' 'break and Enter' 'wounding' 'aggravated Offences' 'parole' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors']
['criminal Law'] ['sentencing' 'break and Enter' 'wounding' 'aggravated Offences' 'parole' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriateness of sentence for specially aggravated break and enter and wounding under Crimes Act 1900 s 112(3)' 'Objective and subjective factors influencing sentence under Crimes Act 1900 and Crimes (Sentencing Procedure) Act 1999' 'Parity between co-offenders in imposing sentences']

Ratio Decidendi

Sentences imposed reflect the objective seriousness of the offending (armed home invasion involving wounding), respective roles of the offenders, personal circumstances and criminal histories, findings as to mitigating and aggravating factors, and principle of parity. Utilitarian discount for plea and special circumstances for parole periods applied as appropriate according to each offender's circumstances.

Court Disposition

Convictions entered. Custodial sentences of varying lengths imposed on each offender according to specific charges, role, aggravating/mitigating circumstances, and parity. Special circumstances found for parole.

Orders

  • ['Cody Schulz: Count 1 – non-parole period of three years three months, total term six years, sentence commencement 20 January 2018; recommendation for methadone program; special circumstances found.' 'James Meloury: Count 1 – non-parole period ten months, total term one year eight months; statutory alternative to...