R v ASTILL [2024] NSWDC 183

R v ASTILL [2024] NSWDC 183

The offender's sustained crime spree involved multiple serious offences against different victims, including armed aggravated break and enter with intimidation, destruction and damage of dwellings by fire, break and enter offences, vehicle theft-related offending, police pursuits and many Form 1 matters. The offending was aggravated by commission while on parole, prior criminal history, medium/high risk of reoffending and the need for general and specific deterrence. Although the court accepted remorse, allowed the full guilty plea discount, gave some weight to Bugmy factors and recognised the need for treatment and supervision as special circumstances, no sentence other than imprisonment...

Jurisdiction
Australia
Judgment Date
24 May 2024
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence From the Cootamundra Local Court
Outcome
The offender was convicted and sentenced to an aggregate sentence of 11 years imprisonment with a non-parole period of 7 years.
Legal Topics
['take and Drive Conveyance Without Consent' 'police Pursuit' 'damage Property by Fire' 'break Enter and Steal' 'break Enter and Damage Property' 'aggravated Break and Enter' 'form 1 Offences' 'parole and Conditional Liberty' 'drug Related Offending' 'remorse' 'special Circumstances' 'general Deterrence']
['criminal Law' 'sentencing'] ['take and Drive Conveyance Without Consent' 'police Pursuit' 'damage Property by Fire' 'break Enter and Steal' 'break Enter and Damage Property' 'aggravated Break and Enter' 'form 1 Offences' 'parole and Conditional Liberty' 'drug Related Offending' 'remorse' 'special Circumstances' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas After Committal for Sentence From the Cootamundra Local Court

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for nine substantive offences and 32 Form 1 matters committed during a crime spree between 13 April and 22 April 2022.' "What weight should be given to the offender's guilty pleas, remorse, drug use, adverse childhood experiences, mental health and substance abuse issues, criminal history, offending while on parole, and need for supervision." 'Whether imprisonment was the only appropriate sentencing option and whether special circumstances justified a longer period of parole supervision.']

Ratio Decidendi

The offender's sustained crime spree involved multiple serious offences against different victims, including armed aggravated break and enter with intimidation, destruction and damage of dwellings by fire, break and enter offences, vehicle theft-related offending, police pursuits and many Form 1 matters. The offending was aggravated by commission while on parole, prior criminal history, medium/high risk of reoffending and the need for general and specific deterrence. Although the court accepted remorse, allowed the full guilty plea discount, gave some weight to Bugmy factors and recognised the need for treatment and supervision as special circumstances, no sentence other than imprisonment...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of 11 years imprisonment with a non-parole period of 7 years.

Orders

  • ['In respect of each of the matters to which the offender has pleaded guilty he is convicted.' 'The offender is sentenced to an aggregate sentence of 11 years with a non-parole period of 7 years.' 'The non parole period is to date from 22 October 2022 and will expire on 21 October 2029.' 'The balance of term on...