R v King [2019] NSWDC 362

R v King [2019] NSWDC 362

The offender's offence was below the mid-range for steal from the person, but required full-time imprisonment because it involved threatened violence, occurred while he was on parole, and was committed by an offender with an extensive criminal history. His deprived upbringing, institutionalisation, guilty plea and need for rehabilitation substantially mitigated sentence, justified special circumstances, and warranted a longer parole period to support rehabilitation.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea to Steal From the Person, in Breach of S94 of the Crimes Act 1900
Outcome
Offender convicted and sentenced to full-time imprisonment with a non-parole period already served.
Legal Topics
['steal From the Person' 'deprived Upbringing' 'drug Addiction' 'institutionalisation' 'special Circumstances' 'guilty Plea Discount' 'parole']
['criminal Law' 'sentencing'] ['steal From the Person' 'deprived Upbringing' 'drug Addiction' 'institutionalisation' 'special Circumstances' 'guilty Plea Discount' 'parole']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea to Steal From the Person, in Breach of S94 of the Crimes Act 1900

Legal Issues

  1. 1 ['What sentence should be imposed for the offence of steal from the person.' "Whether the offender's deprived upbringing reduced his moral culpability and affected the sentencing assessment." 'Whether special circumstances warranted departure from the statutory ratio of parole to non-parole because of institutionalisation and the need for rehabilitation.' 'What discount should be given for the guilty plea entered on the first day of trial.' "How the offender's drug addiction and extensive criminal history should affect sentence."]

Ratio Decidendi

The offender's offence was below the mid-range for steal from the person, but required full-time imprisonment because it involved threatened violence, occurred while he was on parole, and was committed by an offender with an extensive criminal history. His deprived upbringing, institutionalisation, guilty plea and need for rehabilitation substantially mitigated sentence, justified special circumstances, and warranted a longer parole period to support rehabilitation.

Court Disposition

Offender convicted and sentenced to full-time imprisonment with a non-parole period already served.

Orders

  • ['Matthew James King is convicted of steal from the person, in breach of s94 of the Crimes Act 1900.' 'A non-parole period of 12 months is imposed commencing on 10 May 2018 and expiring on 9 May 2019.' 'A head sentence of 24 months is imposed, reduced from 28 months by 15% on account of the guilty plea, expiring on...