R v CHARNOCK [2016] NSWDC 429

R v CHARNOCK [2016] NSWDC 429

The appropriate sentence, accounting for objective seriousness, the aggravating factor of offending on bail, a utilitarian discount for plea of guilty, and the need for some parity with a co-offender, is a term of imprisonment of 3 years 2 months with a non-parole period of 9 months, with accumulation for the prior sentence imposed by Judge English and special circumstances adjusting the non-parole period.

Parties
Prosecutor: Regina; Offender: Daniel Keith Charnock
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to imprisonment with non-parole period specified.
Legal Topics
Sentencing, Breach of Conditional Liberty, Parity, Aggravating and Mitigating Factors, Non Parole Period
Criminal Law Sentencing Breach of Conditional Liberty Parity Aggravating and Mitigating Factors Non Parole Period

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Parties

Regina

Prosecutor

Daniel Keith Charnock

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for the offender given circumstances including offending while on bail and prior conviction
  2. 2 Assessment of objective seriousness and parity with co-offender
  3. 3 Application of standard non-parole period and special circumstances

Ratio Decidendi

The appropriate sentence, accounting for objective seriousness, the aggravating factor of offending on bail, a utilitarian discount for plea of guilty, and the need for some parity with a co-offender, is a term of imprisonment of 3 years 2 months with a non-parole period of 9 months, with accumulation for the prior sentence imposed by Judge English and special circumstances adjusting the non-parole period.

Court Disposition

Convicted; sentenced to imprisonment with non-parole period specified.

Orders

  • Convicted and sentenced to imprisonment for three years and two months with a non-parole period of nine months (starting 22 August 2018 and expiring 21 May 2019, total sentence expiring 21 October 2021).
  • Backup charges withdrawn and dismissed.