R v Dane Erceg [2018] NSWDC 121

R v Dane Erceg [2018] NSWDC 121

The Court found that the objective seriousness of all three principal offences was below mid-range, but each was serious and aggravated by commission while on conditional liberty; the receiving offence was also committed in company, and the drug-supply offence was committed without regard to public safety. The offender's extensive criminal history required weight to be given to general and specific deterrence, though not so as to make the sentence disproportionate. His rehabilitation efforts, family support, employment prospects and need for supervision justified special circumstances, while totality supported an aggregate full-time custodial sentence. The Local Court larceny sentence was...

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas, With Severity Appeal and Related S 166 Certificate Matters
Outcome
Full-time custodial sentence imposed; severity appeal sentence back-dated; related s 166 certificate offence dealt with concurrently; backup offences withdrawn and dismissed.
Legal Topics
['supply Prohibited Drugs' 'receiving Stolen Property' 'escape Police Custody' 'aggregate Sentence' 'special Circumstances' 'form 1 Offence' 'severity Appeal' 'conditional Liberty' 'totality']
['criminal Law' 'sentencing'] ['supply Prohibited Drugs' 'receiving Stolen Property' 'escape Police Custody' 'aggregate Sentence' 'special Circumstances' 'form 1 Offence' 'severity Appeal' 'conditional Liberty' 'totality']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas, With Severity Appeal and Related S 166 Certificate Matters

Legal Issues

  1. 1 ['What sentence should be imposed for escape police custody, receiving stolen property and supplying prohibited drugs greater than the indictable quantity.' 'Whether the offence of resist officer in execution of duty should be taken into account on a Form 1 when sentencing for escape police custody.' 'Whether an aggregate sentence under s 53A of the Crimes (Sentencing Procedure) Act 1999 was appropriate.' 'Whether special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 warranted variation of the statutory ratio between the head sentence and non-parole period.' 'Whether the Local Court sentence for the larceny offence on severity appeal was too severe and should be back-dated.']

Ratio Decidendi

The Court found that the objective seriousness of all three principal offences was below mid-range, but each was serious and aggravated by commission while on conditional liberty; the receiving offence was also committed in company, and the drug-supply offence was committed without regard to public safety. The offender's extensive criminal history required weight to be given to general and specific deterrence, though not so as to make the sentence disproportionate. His rehabilitation efforts, family support, employment prospects and need for supervision justified special circumstances, while totality supported an aggregate full-time custodial sentence. The Local Court larceny sentence was...

Court Disposition

Full-time custodial sentence imposed; severity appeal sentence back-dated; related s 166 certificate offence dealt with concurrently; backup offences withdrawn and dismissed.

Orders

  • ['The offender was convicted of H58689478 – escape police custody.' 'The offender was convicted of H58689478/OCI 1008 – receive property – theft – serious indictable offence greater than $5000, pursuant to s 188 of the Crimes Act 1900.' 'The offender was convicted of H63896045/1 – supply prohibited drugs greater...