R v Warren [2019] NSWDC 226

R v Warren [2019] NSWDC 226

Given the nature, number, and seriousness of the offences, the offender's prior criminal record, drug addiction, and social disadvantage, and taking into account his early guilty plea and prospects for rehabilitation (assisted by a longer period on parole), the appropriate disposition is an aggregate sentence of five years and three months imprisonment with a non-parole period of three years and six months, and referral to the Drug Court to determine eligibility for compulsory drug treatment.

Parties
Offender: Luke Warren; Crown: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Sentence / Sentencing After Guilty Plea
Outcome
Aggregate sentence of imprisonment imposed; referral to Drug Court for consideration of compulsory drug treatment order.
Legal Topics
Sentencing, Break and Enter, Aggregate Sentence, Non Parole Period, Drug Rehabilitation
Criminal Law Sentencing Break and Enter Aggregate Sentence Non Parole Period Drug Rehabilitation

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Parties

Luke Warren

Offender

Director of Public Prosecutions

Crown

Procedural Posture

Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 Determination of appropriate sentence for multiple break and enter offences
  2. 2 Application of aggregate sentencing provisions
  3. 3 Assessment of objective and subjective seriousness

Ratio Decidendi

Given the nature, number, and seriousness of the offences, the offender's prior criminal record, drug addiction, and social disadvantage, and taking into account his early guilty plea and prospects for rehabilitation (assisted by a longer period on parole), the appropriate disposition is an aggregate sentence of five years and three months imprisonment with a non-parole period of three years and six months, and referral to the Drug Court to determine eligibility for compulsory drug treatment.

Court Disposition

Aggregate sentence of imprisonment imposed; referral to Drug Court for consideration of compulsory drug treatment order.

Orders

  • Convicted of all offences to which the offender pleaded guilty.
  • Aggregate sentence of five years and three months imprisonment imposed, commencing 3 March 2018.