R v Jeremiah [2015] NSWDC 316

R v Jeremiah [2015] NSWDC 316

Given the gravity of the wounding with intent to cause grievous bodily harm and aggravated entering with intent, as well as aggravating and mitigating factors including the offender's troubled background, youth, psychological conditions, and the plea of guilty (with corresponding discounts), an aggregate sentence of 6 years imprisonment with a non-parole period of 3 and a half years is appropriate. Special circumstances warranted a longer parole period to assist reintegration and rehabilitation.

Parties
Crown: Regina; Offender: Moromi Jeremiah
Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Sentence / Sentencing Decision
Outcome
Aggregate sentence of imprisonment for 6 years with a non-parole period of 3 and a half years. Form 1 taken into account.
Legal Topics
Wounding With Intent to Cause Grievous Bodily Harm, Aggravated Entering Building With Intent, Sentencing, Young Offenders, Psychological Conditions and Offending, Discount for Guilty Plea, Aggregate Sentencing, Special Circumstances for Parole Ratio
Criminal Law Wounding With Intent to Cause Grievous Bodily Harm Aggravated Entering Building With Intent Sentencing Young Offenders Psychological Conditions and Offending Discount for Guilty Plea Aggregate Sentencing +1 more

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Parties

Regina

Crown

Moromi Jeremiah

Offender

Procedural Posture

Sentence / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for wounding with intent to cause grievous bodily harm and aggravated entering building with intent in circumstances of aggravation
  2. 2 Effect of youth and psychological conditions on sentencing
  3. 3 Appropriate discounts for guilty pleas

Ratio Decidendi

Given the gravity of the wounding with intent to cause grievous bodily harm and aggravated entering with intent, as well as aggravating and mitigating factors including the offender's troubled background, youth, psychological conditions, and the plea of guilty (with corresponding discounts), an aggregate sentence of 6 years imprisonment with a non-parole period of 3 and a half years is appropriate. Special circumstances warranted a longer parole period to assist reintegration and rehabilitation.

Court Disposition

Aggregate sentence of imprisonment for 6 years with a non-parole period of 3 and a half years. Form 1 taken into account.

Orders

  • Moromi Jeremiah is sentenced to an aggregate term of 6 years imprisonment commencing 25 September 2013 and expiring 24 September 2019.
  • A non-parole period of 3 and a half years is fixed, expiring on 24 March 2017.