R v Cook [2019] NSWDC 209

R v Cook [2019] NSWDC 209

Given the offender's multiple break, enter and steal offences, his significant criminal history, commission of offences whilst on parole, early plea, and background of social disadvantage, an aggregate sentence of five years imprisonment with a non-parole period of three years and four months is appropriate, commencing from 30 January 2019. Special circumstances are found due to institutionalisation and prospects of rehabilitation.

Parties
Crown: Director of Public Prosecutions; Offender: Michael Stephen Cook
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Criminal Sentence / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Sentencing, Break and Enter, Aggregate Sentencing, Form 1 Offences, Objective Seriousness, Social Disadvantage
Criminal Law Sentencing Break and Enter Aggregate Sentencing Form 1 Offences Objective Seriousness Social Disadvantage

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Director of Public Prosecutions

Crown

Michael Stephen Cook

Offender

Procedural Posture

Criminal Sentence / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for multiple break, enter and steal offences under s 112(1) of the Crimes Act 1900?
  2. 2 What relevance do the offender's social disadvantage and institutionalisation have to sentencing?
  3. 3 How should the principles of totality, special circumstances, and the use of aggregate sentencing be applied?

Ratio Decidendi

Given the offender's multiple break, enter and steal offences, his significant criminal history, commission of offences whilst on parole, early plea, and background of social disadvantage, an aggregate sentence of five years imprisonment with a non-parole period of three years and four months is appropriate, commencing from 30 January 2019. Special circumstances are found due to institutionalisation and prospects of rehabilitation.

Court Disposition

Convicted and sentenced

Orders

  • Offender convicted of all offences to which he pleaded guilty.
  • Aggregate sentence of five years imprisonment imposed.