R v Ryan John West [2015] NSWDC 140

R v Ryan John West [2015] NSWDC 140

Although imprisonment was the only appropriate penalty for the serious offences, the offender's role was considerably less than that of his co-offenders, his objective offending was towards the lower range, he was young, had no prior convictions, showed remorse, had good prospects of rehabilitation, was assessed as a low risk of reoffending, and had pleaded guilty early. Concurrent 18 month sentences were imposed and wholly suspended on good behaviour bonds.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Pleas
Outcome
Offender convicted on both offences and sentenced to concurrent 18 month terms of imprisonment, wholly suspended on condition of entering good behaviour bonds for 18 months.
Legal Topics
['specially Aggravated Break and Enter With Intent to Commit Grievous Bodily Harm' 'reckless Wounding' 'suspended Sentence' 'early Guilty Plea Discount' 'aggravating and Mitigating Factors' 'totality and Concurrency']
['criminal Law' 'sentencing'] ['specially Aggravated Break and Enter With Intent to Commit Grievous Bodily Harm' 'reckless Wounding' 'suspended Sentence' 'early Guilty Plea Discount' 'aggravating and Mitigating Factors' 'totality and Concurrency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentence should be imposed for specially aggravated break and enter with intent to commit grievous bodily harm and reckless wounding.' "Whether the offender's role, youth, lack of prior convictions, remorse and rehabilitation justified a suspended sentence." 'Whether sentences for the two offences arising from one incident should be concurrent or cumulative.']

Ratio Decidendi

Although imprisonment was the only appropriate penalty for the serious offences, the offender's role was considerably less than that of his co-offenders, his objective offending was towards the lower range, he was young, had no prior convictions, showed remorse, had good prospects of rehabilitation, was assessed as a low risk of reoffending, and had pleaded guilty early. Concurrent 18 month sentences were imposed and wholly suspended on good behaviour bonds.

Court Disposition

Offender convicted on both offences and sentenced to concurrent 18 month terms of imprisonment, wholly suspended on condition of entering good behaviour bonds for 18 months.

Orders

  • ['In respect of the offence of specially aggravated break and enter to commit grievous bodily harm pursuant to s 113(3) of the Crimes Act 1900, the offender is convicted.' 'The offender is sentenced to a term of imprisonment of 18 months for that offence, commencing on 30 July 2015 and terminating on 29 January...