R v Gibson [2019] NSWDC 923

R v Gibson [2019] NSWDC 923

The seriousness of the aggravated break and enter offences, particularly with knowledge of persons present, demands a significant custodial sentence. Aggregate sentencing applied, taking into account totality and special circumstances. Utilitarian discounts for guilty pleas given for relevant counts. Special circumstances warranted a greater proportion of the sentence to be served on parole. The objective and subjective features, including trauma to victims and the offender's background, informed the sentence.

Parties
Crown: Regina; Offender: Damien Boyd Gibson
Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Sentence / Final Sentencing Decision
Outcome
Aggregate sentence imposed
Legal Topics
Sentencing, Property Offences, Aggravated Break and Enter, Larceny, Totality Principle, Deterrence
Criminal Law Sentencing Property Offences Aggravated Break and Enter Larceny Totality Principle Deterrence

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Parties

Regina

Crown

Damien Boyd Gibson

Offender

Procedural Posture

Sentence / Final Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter and larceny offences
  2. 2 Consideration of aggravating and mitigating factors
  3. 3 Application of totality principle to aggregate sentencing

Ratio Decidendi

The seriousness of the aggravated break and enter offences, particularly with knowledge of persons present, demands a significant custodial sentence. Aggregate sentencing applied, taking into account totality and special circumstances. Utilitarian discounts for guilty pleas given for relevant counts. Special circumstances warranted a greater proportion of the sentence to be served on parole. The objective and subjective features, including trauma to victims and the offender's background, informed the sentence.

Court Disposition

Aggregate sentence imposed

Orders

  • Aggregate sentence of four years eight months, commencing 25 February 2019 and expiring 24 October 2023
  • Aggregate non-parole period of two years six months, commencing 25 February 2019 and expiring 24 August 2021