R v Mapp [2023] NSWDC 259

R v Mapp [2023] NSWDC 259

Given the seriousness, multiplicity and circumstances of the offending, only a sentence of imprisonment is appropriate. The offender's deprived background and mental health issues reduce moral culpability and increase focus on rehabilitation, warranting special circumstances and a reduced non-parole period. An aggregate sentence of three years and six months is imposed, with a non-parole period of one year and ten months. Disqualification from driving is also imposed.

Parties
Prosecutor: Office of the Director of Public Prosecution (ODPP); Offender: James Mapp
Jurisdiction
Australia
Judgment Date
07 July 2023
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced
Legal Topics
Sentencing, Larceny, Dishonestly Obtaining Financial Advantage by Deception, Dishonestly Obtaining Property by Deception, Drive Conveyance Taken Without Consent, Aggravated Enter Dwelling, Unlicensed Driving, Totality Principle, Parity Principle, Special Circumstances, Walama List
Criminal Law Sentencing Larceny Dishonestly Obtaining Financial Advantage by Deception Dishonestly Obtaining Property by Deception Drive Conveyance Taken Without Consent Aggravated Enter Dwelling Unlicensed Driving +4 more

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Parties

Office of the Director of Public Prosecution (ODPP)

Prosecutor

James Mapp

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the seven principal offences to which the offender pleaded guilty, having regard to objective seriousness, subjective factors, totality, concurrency, and special circumstances?
  2. 2 How should parity with co-offenders' sentences affect the present sentence?
  3. 3 What is the role of the offender's background, mental health and prospects of rehabilitation in determining sentence?

Ratio Decidendi

Given the seriousness, multiplicity and circumstances of the offending, only a sentence of imprisonment is appropriate. The offender's deprived background and mental health issues reduce moral culpability and increase focus on rehabilitation, warranting special circumstances and a reduced non-parole period. An aggregate sentence of three years and six months is imposed, with a non-parole period of one year and ten months. Disqualification from driving is also imposed.

Court Disposition

Offender convicted and sentenced

Orders

  • The offender is convicted of each principal offence.
  • The offender is sentenced to an aggregate term of imprisonment of 3 years and 6 months commencing on 8 November 2022, with a non-parole period of 1 year 10 months expiring on 7 September 2024. The balance of the term is 1 year 8 months, expiring on 7 May 2026.