R v JEFFREYS; R v BURFITT [2011] NSWDC 136

R v JEFFREYS; R v BURFITT [2011] NSWDC 136

The aggravated break enter and steal was significantly below the middle of the range of objective gravity, but both offenders committed serious offences while on conditional liberty and in connection with heavy ice use. For Jeffreys, the combination of early guilty pleas, remorse, totality, special circumstances, and some prospects for rehabilitation warranted an overall sentence of 4 years with a 2 year non-parole period, concurrent driving-related sentences, accumulation for the aggravated break enter and steal, disqualification from driving, and referral to the Drug Court. For Burfitt, his youth, time already spent in custody and quasi-custody, remorse, drug abstinence indicators, and...

Jurisdiction
Australia
Judgment Date
30 June 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas
Outcome
Jeffreys was sentenced to imprisonment with an overall non-parole period of 2 years and head sentence of 4 years, referred to the Drug Court for consideration of a compulsory drug treatment order, and disqualified from driving for 3 years. Burfitt was remanded under s 11 of the Crimes (Sentencing Procedure) Act to...
Legal Topics
['stealing Motor Vehicle' 'aggravated Break, Enter and Steal' 'in Company' 'not Stopping' 'driving Dangerously During Police Pursuit' 'drive While Disqualified' 'resist Officer in the Execution of Duty' 'possess Housebreaking Implements' 'entering Enclosed Lands' 'conditional Liberty at Time of Offending' 'form 1']
['criminal Law' 'sentencing'] ['stealing Motor Vehicle' 'aggravated Break, Enter and Steal' 'in Company' 'not Stopping' 'driving Dangerously During Police Pursuit' 'drive While Disqualified' 'resist Officer in the Execution of Duty' 'possess Housebreaking Implements' 'entering Enclosed Lands' 'conditional Liberty at Time of Offending' 'form 1']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for Jeffreys for stealing a motor vehicle, aggravated break enter and steal, not stopping and driving dangerously during a police pursuit, and driving whilst disqualified, with Form 1 matters taken into account.' 'Whether Jeffreys should be referred to the Drug Court for consideration of a compulsory drug treatment order.' 'Whether Burfitt should be finally sentenced or remanded under s 11 of the Crimes (Sentencing Procedure) Act to pursue residential rehabilitation.']

Ratio Decidendi

The aggravated break enter and steal was significantly below the middle of the range of objective gravity, but both offenders committed serious offences while on conditional liberty and in connection with heavy ice use. For Jeffreys, the combination of early guilty pleas, remorse, totality, special circumstances, and some prospects for rehabilitation warranted an overall sentence of 4 years with a 2 year non-parole period, concurrent driving-related sentences, accumulation for the aggravated break enter and steal, disqualification from driving, and referral to the Drug Court. For Burfitt, his youth, time already spent in custody and quasi-custody, remorse, drug abstinence indicators, and...

Court Disposition

Jeffreys was sentenced to imprisonment with an overall non-parole period of 2 years and head sentence of 4 years, referred to the Drug Court for consideration of a compulsory drug treatment order, and disqualified from driving for 3 years. Burfitt was remanded under s 11 of the Crimes (Sentencing Procedure) Act to...

Orders

  • ['For Jeffreys, for stealing a motor vehicle, driving dangerously during a police pursuit and driving while disqualified, imprisonment for a fixed term of 1 year dating from 9 August 2011.' 'For Jeffreys, for aggravated break enter and steal, imprisonment with a non-parole period of 1 year dating from 9 August 2012...