R v French [2020] NSWDC 767

R v French [2020] NSWDC 767

The aggregate sentence reflects the court's assessment of both objective and subjective seriousness of the five offences, adjusted with the totality principle to ensure proportionality, considering special circumstances such as rehabilitation needs and mental health, and applying a 25% discount for early plea.

Parties
Crown: Regina; Offender: Shaun French
Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to an aggregate term of imprisonment.
Legal Topics
Violent Offences, Stalking or Intimidation, Break and Enter With Intent, Destroying or Damaging Property, Animal Cruelty, Common Assault, Detain for Advantage
Criminal Law Animal Law Violent Offences Stalking or Intimidation Break and Enter With Intent Destroying or Damaging Property Animal Cruelty Common Assault +1 more

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Parties

Regina

Crown

Shaun French

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple violent and property offences including aggravated break and enter, animal cruelty, intimidation, assault, and malicious damage
  2. 2 Assessment of objective and subjective seriousness of offences
  3. 3 Application of sentencing principles including totality and special circumstances

Ratio Decidendi

The aggregate sentence reflects the court's assessment of both objective and subjective seriousness of the five offences, adjusted with the totality principle to ensure proportionality, considering special circumstances such as rehabilitation needs and mental health, and applying a 25% discount for early plea.

Court Disposition

Offender convicted and sentenced to an aggregate term of imprisonment.

Orders

  • Shaun French is convicted of 4 indictable offences and 1 summary offence.
  • Sentenced to a non-parole period of 2 years commencing 26 November 2019 and expiring on 25 November 2021.