R v SCHWARZ [2018] NSWDC 510

R v SCHWARZ [2018] NSWDC 510

Given the objective seriousness of the offences (aggravated break and enter with knowledge persons were present, night entry, while on bail), the need for general deterrence and community protection, the offender’s background of trauma, drug addiction as a catalyst, medical vulnerabilities, and an early guilty plea, an aggregate sentence with a reduced non-parole period and an extended parole reflecting special circumstances is just. The aggregate term is imposed to reflect overall criminality and personal circumstances.

Parties
Offender: Frank David Schwarz; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted of all offences. Aggregate sentence of 3 years and 6 months imprisonment imposed with a non-parole period of 2 years and parole of 18 months. Conviction for unlicensed driving with no further penalty and no disqualification period imposed.
Legal Topics
Sentencing, Break and Enter, Aggravated Offences, Form 1 Offences, Dishonestly Obtaining Financial Advantage, Driving Offences
Criminal Law Sentencing Break and Enter Aggravated Offences Form 1 Offences Dishonestly Obtaining Financial Advantage Driving Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Frank David Schwarz

Offender

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for three aggravated break and enter offences, some committed while on bail, with associated Form 1 offences involving dishonestly obtaining financial advantage and driving offences?
  2. 2 How should the offender's background, including drug addiction, Aboriginal status, medical condition, and personal history, affect sentencing and prospects of rehabilitation?
  3. 3 What is the appropriate application of sentencing discounts and aggregate sentencing provisions in these circumstances?

Ratio Decidendi

Given the objective seriousness of the offences (aggravated break and enter with knowledge persons were present, night entry, while on bail), the need for general deterrence and community protection, the offender’s background of trauma, drug addiction as a catalyst, medical vulnerabilities, and an early guilty plea, an aggregate sentence with a reduced non-parole period and an extended parole reflecting special circumstances is just. The aggregate term is imposed to reflect overall criminality and personal circumstances.

Court Disposition

Offender convicted of all offences. Aggregate sentence of 3 years and 6 months imprisonment imposed with a non-parole period of 2 years and parole of 18 months. Conviction for unlicensed driving with no further penalty and no disqualification period imposed.

Orders

  • Convicted of all offences.
  • Aggregate sentence: 3 years 6 months imprisonment commencing 26 January 2018, expiring 25 July 2021.