R v Presdee [2015] NSWDC 429

R v Presdee [2015] NSWDC 429

Sentences for Presdee are fixed to reflect total criminality across multiple offences, structured to achieve an overall non-parole period of 8 years and an overall term of 12 years imprisonment. Subjective features such as drug addiction, long criminal record, and prospects of rehabilitation are weighed, but are not mitigating to the point of substantial leniency given gravity and multiplicity of offending. The Court takes into account parity with the co-offender, Craig, but notes differences in pleas and roles. Orders for non-parole and parole periods are set accordingly, with periods of supervision recommended.

Parties
Offender: Paul Wayne Presdee; Prosecution: The Crown
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to overall non-parole period of 8 years and total term of 12 years imprisonment, with eligibility for parole thereafter for 4 years. Various fixed and concurrent sentences imposed for individual counts as detailed in orders.
Legal Topics
Sentencing, Robbery, Break and Enter, Accessory After the Fact, Larceny, Joint Criminal Enterprise
Criminal Law Sentencing Robbery Break and Enter Accessory After the Fact Larceny Joint Criminal Enterprise

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Parties

Paul Wayne Presdee

Offender

The Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for multiple offences including aggravated break, enter and steal, armed robbery, larceny, and accessory after the fact committed in company and as part of a joint criminal enterprise; Application of parity in sentencing; Determination of non-parole and parole periods; Consideration of subjective case, criminal history, and prospects of rehabilitation; Taking into account Form 1 offences.

Ratio Decidendi

Sentences for Presdee are fixed to reflect total criminality across multiple offences, structured to achieve an overall non-parole period of 8 years and an overall term of 12 years imprisonment. Subjective features such as drug addiction, long criminal record, and prospects of rehabilitation are weighed, but are not mitigating to the point of substantial leniency given gravity and multiplicity of offending. The Court takes into account parity with the co-offender, Craig, but notes differences in pleas and roles. Orders for non-parole and parole periods are set accordingly, with periods of supervision recommended.

Court Disposition

Convicted and sentenced to overall non-parole period of 8 years and total term of 12 years imprisonment, with eligibility for parole thereafter for 4 years. Various fixed and concurrent sentences imposed for individual counts as detailed in orders.

Orders

  • Counts 1 and 2: 3 years imprisonment each, non-parole period of 18 months, served concurrently.
  • Count 3(a): 2 years fixed term.