R v Lettice, David [2007] NSWDC 373

R v Lettice, David [2007] NSWDC 373

Although the victim was vulnerable and the offence was aggravated by the offender being subject to multiple good behaviour bonds, the stealing involved a small amount, was not planned, was not accompanied by violence or direct threats by Lettice, part of the money was returned, and Lettice took the victim to a safe place. Together with his guilty plea, contrition, time already spent in custody and rehabilitation efforts, those matters justified a sentence of nine months imprisonment suspended on a good behaviour bond with supervision, rather than immediate custody.

Jurisdiction
Australia
Judgment Date
17 August 2007
Procedural Posture
Criminal Sentencing for Stealing From the Person / Sentence After Guilty Plea Accepted in Full Satisfaction of Indictment
Outcome
Convicted and sentenced to nine months imprisonment, suspended conditional upon entering a good behaviour bond; no action taken on breached bonds; compensation ordered.
Legal Topics
['steal From Person' 'suspended Sentence' 'good Behaviour Bond' 'vulnerable Victim' 'breach of Good Behaviour Bonds' 'compensation']
['criminal Law' 'sentencing'] ['steal From Person' 'suspended Sentence' 'good Behaviour Bond' 'vulnerable Victim' 'breach of Good Behaviour Bonds' 'compensation']

Case Brief

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Procedural Posture

Criminal Sentencing for Stealing From the Person / Sentence After Guilty Plea Accepted in Full Satisfaction of Indictment

Legal Issues

  1. 1 ['What sentence was appropriate for the offender after pleading guilty to stealing sixty dollars from Aaron Newton.' "How to assess the objective criminality of the offence, including the victim's intellectual disability, alcohol consumption, the amount taken, the return of part of the money, and the offender's lack of violence." "How the offender's personal circumstances, prior bonds, rehabilitation efforts, contrition and guilty plea affected sentence." 'Whether to take action for breach of existing good behaviour bonds.']

Ratio Decidendi

Although the victim was vulnerable and the offence was aggravated by the offender being subject to multiple good behaviour bonds, the stealing involved a small amount, was not planned, was not accompanied by violence or direct threats by Lettice, part of the money was returned, and Lettice took the victim to a safe place. Together with his guilty plea, contrition, time already spent in custody and rehabilitation efforts, those matters justified a sentence of nine months imprisonment suspended on a good behaviour bond with supervision, rather than immediate custody.

Court Disposition

Convicted and sentenced to nine months imprisonment, suspended conditional upon entering a good behaviour bond; no action taken on breached bonds; compensation ordered.

Orders

  • ['David Lettice was convicted of stealing sixty dollars from Aaron Newton on 27 October 2006 at Narrabri.' 'He was sentenced to nine months imprisonment.' 'Pursuant to s 12 of the Crimes (Sentencing Procedure) Act, the sentence was suspended on condition that he enter a nine-month good behaviour bond commencing 17...