R v Pintley [2021] NSWDC 413

R v Pintley [2021] NSWDC 413

The offending involved multiple break, enter and steal offences of below mid-range seriousness, aggravated by breach of conditional liberty, and a significant prior record, but mitigated by early guilty plea, participation in rehabilitative programs, and evidence of remorse. Aggregation and totality principles required combining the sentences, resulting in a total term of 3 years 9 months with a non-parole period of 28 months, with special circumstances found for rehabilitation and referral to drug treatment.

Parties
Prosecutor: Regina (Office of the Director of Public Prosecutions); Offender: Damien Pintley
Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 3 years and 9 months with a non-parole period of 28 months. Special circumstances found. Referral to Drug Court for Compulsory Drug Treatment. Compensation orders made.
Legal Topics
Sentencing, Aggravating Factors, Mitigating Factors, Imprisonment, Drug Treatment Detention, Co Offenders, Deterrence, Aggregate Sentences, Objective Seriousness, Drug Addiction
Criminal Law Sentencing Aggravating Factors Mitigating Factors Imprisonment Drug Treatment Detention Co Offenders Deterrence +3 more

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Parties

Regina (Office of the Director of Public Prosecutions)

Prosecutor

Damien Pintley

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for multiple counts of aggravated break, enter and steal in company, and one count of break, enter and steal, considering aggravating and mitigating factors, totality, and the offender's personal circumstances?
  2. 2 How should the Court address the issues of conditional liberty, previous convictions, and drug addiction in sentencing?

Ratio Decidendi

The offending involved multiple break, enter and steal offences of below mid-range seriousness, aggravated by breach of conditional liberty, and a significant prior record, but mitigated by early guilty plea, participation in rehabilitative programs, and evidence of remorse. Aggregation and totality principles required combining the sentences, resulting in a total term of 3 years 9 months with a non-parole period of 28 months, with special circumstances found for rehabilitation and referral to drug treatment.

Court Disposition

Aggregate term of imprisonment of 3 years and 9 months with a non-parole period of 28 months. Special circumstances found. Referral to Drug Court for Compulsory Drug Treatment. Compensation orders made.

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 3 years, 9 months commencing 15 March 2020.