R v Burns; R v Corkery [2020] NSWDC 530

R v Burns; R v Corkery [2020] NSWDC 530

Sentences reflect the high objective seriousness of the offending, the criminal histories of both offenders, presence of aggravating factors including offending on parole and in company, absence of convincing remorse, high risk of reoffending, lack of special circumstances, and the totality principle. Aggregate sentences imposed to reflect total criminality and personal circumstances while avoiding a crushing sentence.

Parties
Crown: Regina; Accused: Allan Burns; Accused: Zachary Corkery
Jurisdiction
Australia
Judgment Date
31 July 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced. Sentences of imprisonment imposed. Compensation orders granted.
Legal Topics
Sentencing, Aggregate Sentences, Property Offences, Violent Offences, Traffic Offences, Firearm Offences, Break and Enter, Robbery, Police Pursuit, Parole, Criminal History, Youth Offenders
Criminal Law Sentencing Aggregate Sentences Property Offences Violent Offences Traffic Offences Firearm Offences Break and Enter +5 more

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Parties

Regina

Crown

Allan Burns

Accused

Zachary Corkery

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate aggregate sentences for multiple offences of property, traffic and violent crimes
  2. 2 Assessment of objective seriousness for each charge
  3. 3 Totality principle in sentencing for multiple offences

Ratio Decidendi

Sentences reflect the high objective seriousness of the offending, the criminal histories of both offenders, presence of aggravating factors including offending on parole and in company, absence of convincing remorse, high risk of reoffending, lack of special circumstances, and the totality principle. Aggregate sentences imposed to reflect total criminality and personal circumstances while avoiding a crushing sentence.

Court Disposition

Convicted and sentenced. Sentences of imprisonment imposed. Compensation orders granted.

Orders

  • Burns: Aggregate term of imprisonment of 10 years with a non-parole period of 7 years and 6 months, commencing 13 November 2017, expiring 12 November 2027. Non-parole period expires 12 May 2025. Multiple indicative sentences for individual offences. Minimum periods of disqualification for driving offences.
  • Corkery: Aggregate term of imprisonment of 12 years with a non-parole period of 9 years, commencing 13 November 2017, expiring 12 November 2029. Non-parole period expires 12 November 2026. Multiple indicative sentences for individual offences. Minimum periods of disqualification for driving offences.