R v Simon [2024] NSWDC 496

R v Simon [2024] NSWDC 496

Aggregate sentence of 4 years' imprisonment (non-parole 2 years and 6 months) imposed, reflecting the objective and subjective seriousness of multiple break and enter, vehicle theft, police pursuit, and related offences, taking into account the offender's criminal history, drug addiction, deprived background (Bugmy factors), assessed remorse, need for general and specific deterrence, and harm to victims. Indicative sentences apportioned per count, discounts applied for guilty pleas, victim impact considered without aggravating penalty, and conviction recorded for summary offence under s166 with no further penalty.

Parties
Crown: Rex; Offender: Dennis Simon
Jurisdiction
Australia
Judgment Date
18 July 2024
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence of imprisonment imposed
Legal Topics
Sentencing, Break and Enter Offences, Vehicle Theft, Police Pursuit, Drug Addiction and Criminality, Form 1 Offences, Remorse and Contrition, General and Specific Deterrence, Victim Impact Statements
Criminal Law Sentencing Break and Enter Offences Vehicle Theft Police Pursuit Drug Addiction and Criminality Form 1 Offences Remorse and Contrition +2 more

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Parties

Rex

Crown

Dennis Simon

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate aggregate sentence for multiple break and enter and related offences
  2. 2 Relevance of Bugmy factors in sentencing offender with deprived background and addiction
  3. 3 Assessment of remorse and whether expressions to psychologist should be accepted

Ratio Decidendi

Aggregate sentence of 4 years' imprisonment (non-parole 2 years and 6 months) imposed, reflecting the objective and subjective seriousness of multiple break and enter, vehicle theft, police pursuit, and related offences, taking into account the offender's criminal history, drug addiction, deprived background (Bugmy factors), assessed remorse, need for general and specific deterrence, and harm to victims. Indicative sentences apportioned per count, discounts applied for guilty pleas, victim impact considered without aggravating penalty, and conviction recorded for summary offence under s166 with no further penalty.

Court Disposition

Aggregate sentence of imprisonment imposed

Orders

  • Aggregate sentence of 4 years imprisonment commencing 6 March 2023
  • Non-parole period of 2 years and 6 months, eligible for release 5 September 2025