R v Fuller [2023] NSWDC 597

R v Fuller [2023] NSWDC 597

Given the serious nature of the offence of enter dwelling with intent to steal, the aggravating factors of the offender's extensive criminal history, the recent imposition of a Community Corrections Order, and poor prospects for rehabilitation, a term of imprisonment of four years with a non-parole period of three years is appropriate. A 25% discount is applied for the utility of the plea. The larceny and steal motor vehicle on Form 1 are taken into account but are not separately sentenced.

Parties
Prosecution: Rex; Accused: Nathan Fuller
Jurisdiction
Australia
Judgment Date
06 November 2023
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Enter Dwelling With Intent to Steal, Form 1 Offences, Larceny, Steal Motor Vehicle, Subjective Circumstances in Sentencing, Remorse and Contrition, Seriousness of Offence, Aggravating Circumstances
Criminal Law Sentencing Enter Dwelling With Intent to Steal Form 1 Offences Larceny Steal Motor Vehicle Subjective Circumstances in Sentencing Remorse and Contrition +2 more

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Parties

Rex

Prosecution

Nathan Fuller

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offence of enter dwelling with intent to commit serious indictable offence (s 111(1) Crimes Act 1900) in light of Form 1 larceny and steal motor vehicle offences
  2. 2 Impact of subjective factors and criminal history on sentencing
  3. 3 Relevance of remorse, contrition and prospects of rehabilitation

Ratio Decidendi

Given the serious nature of the offence of enter dwelling with intent to steal, the aggravating factors of the offender's extensive criminal history, the recent imposition of a Community Corrections Order, and poor prospects for rehabilitation, a term of imprisonment of four years with a non-parole period of three years is appropriate. A 25% discount is applied for the utility of the plea. The larceny and steal motor vehicle on Form 1 are taken into account but are not separately sentenced.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Convicted on one count of enter dwelling with intent to commit serious indictable offence, contrary to s 111(1) Crimes Act 1900.
  • Form 1 matters of larceny (s 117) and steal motor vehicle (s 154F) taken into account pursuant to s 32 Crimes (Sentencing Procedure) Act 1999.