R v Jones [2023] NSWDC 357

R v Jones [2023] NSWDC 357

The offender's repeated property, driving and drug offending over a short period while on parole required a substantial custodial sentence for deterrence, accountability and protection of the community. Although the offending was generally toward the lower end of objective seriousness and totality required significant concurrency and moderation, the additional criminality was far greater than the offences already sentenced and could not be met by a non-parole period ending immediately or in the near future. Special circumstances justified a longer period of supervision to promote rehabilitation and address institutionalisation risk.

Jurisdiction
Australia
Judgment Date
23 February 2023
Procedural Posture
Criminal Sentence / Sentence for 17 Offences With Five Form 1 Matters, Applying Totality With Prior Sentence Imposed on 31 August 2022
Outcome
Offender convicted of the 17 offences and sentenced to imprisonment, with Form 1 matters taken into account. Overall, including the prior sentence, the judge considered the appropriate term to be 6.5 years with a 4-year non-parole period from 16 September 2021.
Legal Topics
['supply Prohibited Drug' 'receiving Stolen Motor Vehicle' 'steal Motor Vehicle' 'steal Property' 'take and Drive a Conveyance' 'larceny' 'police Pursuit' 'break and Enter and Steal' 'destroying or Damaging Property' 'form 1 Matters' 'totality Principle']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'receiving Stolen Motor Vehicle' 'steal Motor Vehicle' 'steal Property' 'take and Drive a Conveyance' 'larceny' 'police Pursuit' 'break and Enter and Steal' 'destroying or Damaging Property' 'form 1 Matters' 'totality Principle']

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 Sentence / Sentence for 17 Offences With Five Form 1 Matters, Applying Totality With Prior Sentence Imposed on 31 August 2022

Legal Issues

  1. 1 ['What sentences should be imposed for 17 offences committed between April and August 2021, with five destroying property matters on Form 1s taken into account.' 'How the objective seriousness of repeated property, driving and drug supply offending should be assessed.' 'How the totality principle should apply given the offender had already been sentenced on 31 August 2022 for five other offences committed on 9 August 2021.' "What weight should be given to the offender's pleas, subjective circumstances, parole status, criminal history, rehabilitation prospects and risk of institutionalisation."]

Ratio Decidendi

The offender's repeated property, driving and drug offending over a short period while on parole required a substantial custodial sentence for deterrence, accountability and protection of the community. Although the offending was generally toward the lower end of objective seriousness and totality required significant concurrency and moderation, the additional criminality was far greater than the offences already sentenced and could not be met by a non-parole period ending immediately or in the near future. Special circumstances justified a longer period of supervision to promote rehabilitation and address institutionalisation risk.

Court Disposition

Offender convicted of the 17 offences and sentenced to imprisonment, with Form 1 matters taken into account. Overall, including the prior sentence, the judge considered the appropriate term to be 6.5 years with a 4-year non-parole period from 16 September 2021.

Orders

  • ['Of the offences set out in the table numbered one through to 17 the offender is convicted.' 'Taking into account the Form 1 matters, the indicative sentence both before and after the 25% discount is set out in the table.' 'The offender is sentenced to a term of imprisonment to date from 16 September 2022 with a...