R v Steven KROTIRIS [2011] NSWDC 111

R v Steven KROTIRIS [2011] NSWDC 111

Because the offender had a serious criminal record, including relevant prior convictions, committed the offence in company while on conditional liberty, and pleaded guilty only at a very late stage, a custodial sentence was required. After allowing for the late plea, the offender's lesser role, drug history, remorse, treatment efforts, time in custody and onerous bail conditions, the appropriate overall sentence was two years and ten months imprisonment with a non-parole period of one year and four months, making an intensive correction order unavailable.

Jurisdiction
Australia
Judgment Date
13 May 2011
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted of stealing property in a dwelling house and sentenced to imprisonment, with the attempted break, enter and steal with intent to steal taken into account.
Legal Topics
['steal Property in a Dwelling House' 'attempted Break and Enter With Intent to Steal' 'form 1 Offence' 'guilty Plea Discount' 'offence Committed in Company' 'conditional Liberty' 'drug Addiction and Rehabilitation' 'intensive Correction Order' 'parole Conditions']
['criminal Law' 'sentencing'] ['steal Property in a Dwelling House' 'attempted Break and Enter With Intent to Steal' 'form 1 Offence' 'guilty Plea Discount' 'offence Committed in Company' 'conditional Liberty' 'drug Addiction and Rehabilitation' 'intensive Correction Order' 'parole Conditions']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for stealing property in a dwelling house, taking into account an additional offence of attempted break and enter with intent to steal.' 'What weight should be given to the late guilty plea, prior convictions, offending in company, conditional liberty, drug addiction, remorse, and rehabilitation prospects.' 'Whether an intensive correction order was available or appropriate.' 'What allowance should be made for time in custody and onerous bail conditions.']

Ratio Decidendi

Because the offender had a serious criminal record, including relevant prior convictions, committed the offence in company while on conditional liberty, and pleaded guilty only at a very late stage, a custodial sentence was required. After allowing for the late plea, the offender's lesser role, drug history, remorse, treatment efforts, time in custody and onerous bail conditions, the appropriate overall sentence was two years and ten months imprisonment with a non-parole period of one year and four months, making an intensive correction order unavailable.

Court Disposition

Offender convicted of stealing property in a dwelling house and sentenced to imprisonment, with the attempted break, enter and steal with intent to steal taken into account.

Orders

  • ['Certificate signed that the additional offence of attempted break and enter with intent to steal was taken into account.' 'For stealing property in a dwelling house, taking into account the attempted break, enter and steal with intent to steal, a non-parole period of one year and four months was fixed to commence...