R v Hura [2022] NSWDC 95

R v Hura [2022] NSWDC 95

Taking into account the objective seriousness of the offending, significant subjective factors including childhood deprivation, drug addiction, mental health issues, and prospects of rehabilitation, together with the plea of guilty, the Court found that an aggregate sentence of three years imprisonment, to be served by way of Intensive Corrections Order, was appropriate for the aggravated break and enter and robbery offences. A non-custodial Community Corrections Order for property damage was also appropriate given its low seriousness.

Parties
Prosecution: Regina (Crown); Offender: Dylan Charles Hura
Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted on all counts. Aggregate three years imprisonment for break and enter and robbery, to be served by Intensive Corrections Order. Community Corrections Order for 12 months for damage property.
Legal Topics
Sentencing, Aggravated Break and Enter, Damage to Property, Robbery With Offensive Weapon
Criminal Law Sentencing Aggravated Break and Enter Damage to Property Robbery With Offensive Weapon

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Parties

Regina (Crown)

Prosecution

Dylan Charles Hura

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter under s 112(2) of the Crimes Act 1900 (NSW)
  2. 2 Appropriate sentence for robbery armed with an offensive weapon under s 97(1) of the Crimes Act 1900 (NSW)
  3. 3 Appropriate sentence for property damage under s 195 of the Crimes Act 1900 (NSW)

Ratio Decidendi

Taking into account the objective seriousness of the offending, significant subjective factors including childhood deprivation, drug addiction, mental health issues, and prospects of rehabilitation, together with the plea of guilty, the Court found that an aggregate sentence of three years imprisonment, to be served by way of Intensive Corrections Order, was appropriate for the aggravated break and enter and robbery offences. A non-custodial Community Corrections Order for property damage was also appropriate given its low seriousness.

Court Disposition

Offender convicted on all counts. Aggregate three years imprisonment for break and enter and robbery, to be served by Intensive Corrections Order. Community Corrections Order for 12 months for damage property.

Orders

  • Aggregate sentence of three years imprisonment for sequences 1 (aggravated break and enter) and 3 (robbery armed with offensive instrument) to be served by Intensive Corrections Order (ICO) from 16 March 2022 to 15 March 2025.
  • ICO standard conditions: not commit any offence, submit to supervision by Community Corrections Officer.