R v Hitch [2020] NSWDC 838

R v Hitch [2020] NSWDC 838

The objective seriousness of the offence and aggravating factors warranted a full-time custodial sentence, but mitigating circumstances including offender's deprived background, remorse, motivation for rehabilitation, and need for extended supervision constituted special circumstances justifying a non-standard ratio of non-parole to head sentence. Discount applied for guilty plea. Sequences 1 and 2 on s166 certificate withdrawn and dismissed.

Parties
Crown: NSW DPP; Offender: Jamie Hitch
Jurisdiction
Australia
Judgment Date
03 November 2020
Procedural Posture
Sentence / Conviction and Sentencing
Outcome
Convicted and sentenced to imprisonment for 3 years 4 months, with a non-parole period of 2 years (20/10/19–19/10/21). Special circumstances found. Seq 1 and 2 on s166 certificate withdrawn and dismissed.
Legal Topics
Sentencing, Aggravated Break and Enter, Serious Indictable Offence, Home Invasion
Criminal Law Sentencing Aggravated Break and Enter Serious Indictable Offence Home Invasion

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Parties

NSW DPP

Crown

Jamie Hitch

Offender

Procedural Posture

Sentence / Conviction and Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offence of aggravated break and enter and commit serious indictable offence under s 112(2) of the Crimes Act?
  2. 2 Are there aggravating or mitigating circumstances affecting sentence?
  3. 3 Should a finding of special circumstances be made in respect of the ratio of non-parole to head sentence?

Ratio Decidendi

The objective seriousness of the offence and aggravating factors warranted a full-time custodial sentence, but mitigating circumstances including offender's deprived background, remorse, motivation for rehabilitation, and need for extended supervision constituted special circumstances justifying a non-standard ratio of non-parole to head sentence. Discount applied for guilty plea. Sequences 1 and 2 on s166 certificate withdrawn and dismissed.

Court Disposition

Convicted and sentenced to imprisonment for 3 years 4 months, with a non-parole period of 2 years (20/10/19–19/10/21). Special circumstances found. Seq 1 and 2 on s166 certificate withdrawn and dismissed.

Orders

  • Conviction recorded.
  • Head sentence: 3 years 4 months imprisonment.