R v Murdoch [2023] NSWSC 786

R v Murdoch [2023] NSWSC 786

The appropriate sentence for the offence of entering a dwelling house with intent to commit a serious indictable offence, namely intimidation, in circumstances of aggravation (in company), contrary to s 111(2) of the Crimes Act 1900 (NSW), was a fixed term of imprisonment of 3 years, taking into account the objective seriousness of the offending, the offender's youth, circumstances, limited criminal history, prospects of rehabilitation, remorse, concession that only limited planning beyond what was inherent occurred, time spent in custody and additional hardship from COVID-19 restrictions.

Parties
Crown: Rex; Offender: Travis James Murdoch
Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Criminal / Sentencing After Verdict
Outcome
Offender sentenced to fixed term of imprisonment; back up offence dismissed.
Legal Topics
Sentencing, Aggravated Burglary, Home Invasion, Intimidation, Youthful Offender, Prospects of Rehabilitation
Criminal Law Sentencing Aggravated Burglary Home Invasion Intimidation Youthful Offender Prospects of Rehabilitation

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 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Crown

Travis James Murdoch

Offender

Procedural Posture

Criminal / Sentencing After Verdict

Legal Issues

  1. 1 What is the appropriate sentence for entering a dwelling house with intent to commit a serious indictable offence, namely intimidation, in company?
  2. 2 Should the back up offence of having a face disguised with intent to commit an indictable offence be dismissed?

Ratio Decidendi

The appropriate sentence for the offence of entering a dwelling house with intent to commit a serious indictable offence, namely intimidation, in circumstances of aggravation (in company), contrary to s 111(2) of the Crimes Act 1900 (NSW), was a fixed term of imprisonment of 3 years, taking into account the objective seriousness of the offending, the offender's youth, circumstances, limited criminal history, prospects of rehabilitation, remorse, concession that only limited planning beyond what was inherent occurred, time spent in custody and additional hardship from COVID-19 restrictions.

Court Disposition

Offender sentenced to fixed term of imprisonment; back up offence dismissed.

Orders

  • Pursuant to s 167(1)(a) of the Criminal Procedure Act 1986 (NSW), the back up offence of the offender having his face disguised contrary to s 114(1)(c) of the Crimes Act 1900 (NSW) is dismissed.
  • The offender is sentenced for the offence of entering a dwelling house with intent to commit a serious indictable offence, namely intimidation, in circumstances of aggravation, namely being in company, contrary to s 111(2) of the Crimes Act 1900 (NSW) to a fixed term of imprisonment of 3 years commencing on 4 June...