R v Nean [2024] NSWDC 644

R v Nean [2024] NSWDC 644

A sentence of 2 years and 11 months imprisonment, with a non-parole period of 2 years, is appropriate for the break, enter and steal offence, taking into account the seriousness of the crime, the offender's early guilty plea (warranting a 25% discount), the Form 1 matter, his deprived background, mental health issues, risk of institutionalisation (special circumstances), and backdating considerations under the totality principle.

Parties
Crown: NSW DPP; Offender: Troy Nean
Jurisdiction
Australia
Judgment Date
18 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Break, Enter and Steal, First Nations Offenders, Discount for Guilty Plea, Objective Seriousness, Special Circumstances
Criminal Law Sentencing Break, Enter and Steal First Nations Offenders Discount for Guilty Plea Objective Seriousness Special Circumstances

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Parties

NSW DPP

Crown

Troy Nean

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for offence of break, enter and steal under s 112(1)(a) of the Crimes Act 1900
  2. 2 Impact of deprived childhood and First Nations heritage on sentencing (Bugmy principles)
  3. 3 Entitlement to a discount for guilty plea

Ratio Decidendi

A sentence of 2 years and 11 months imprisonment, with a non-parole period of 2 years, is appropriate for the break, enter and steal offence, taking into account the seriousness of the crime, the offender's early guilty plea (warranting a 25% discount), the Form 1 matter, his deprived background, mental health issues, risk of institutionalisation (special circumstances), and backdating considerations under the totality principle.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Offender is convicted and sentenced to a term of imprisonment of 2 years 11 months, commencing 14 February 2024 and expiring 13 January 2027.
  • Non-parole period set at 2 years, expiring 13 February 2026.