R v Attard [2019] NSWDC 722

R v Attard [2019] NSWDC 722

Given the objective seriousness of the offences, the offender's extensive criminal history, and the subjective circumstances including significant childhood trauma and drug addiction, a full-time custodial sentence is required. Although general and specific deterrence are engaged, reduced moral culpability is acknowledged. An aggregate sentence of 6 years imprisonment with a non-parole period of 4 years 6 months is just, lenient and incentivises rehabilitation.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Criminal / Sentence
Outcome
Aggregate term of imprisonment of 6 years with a non-parole period of 4 years 6 months.
Legal Topics
['aggravated Break and Enter' 'serious Indictable Offence' 'break, Enter and Steal' 'sentencing']
['criminal Law'] ['aggravated Break and Enter' 'serious Indictable Offence' 'break, Enter and Steal' 'sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter and break, enter and steal' 'Consideration of personal circumstances in sentencing' 'Significance of prior criminal history and prospects of rehabilitation' 'Start date and structure of sentence' 'Application of leniency and general/specific deterrence']

Ratio Decidendi

Given the objective seriousness of the offences, the offender's extensive criminal history, and the subjective circumstances including significant childhood trauma and drug addiction, a full-time custodial sentence is required. Although general and specific deterrence are engaged, reduced moral culpability is acknowledged. An aggregate sentence of 6 years imprisonment with a non-parole period of 4 years 6 months is just, lenient and incentivises rehabilitation.

Court Disposition

Aggregate term of imprisonment of 6 years with a non-parole period of 4 years 6 months.

Orders

  • ['Offender sentenced to aggregate term of imprisonment of 6 years.' 'Non-parole period of 4 years 6 months fixed from 12 May 2019 to 11 November 2023.' 'Balance of term of 1 year 6 months from 12 November 2023 to 11 May 2025.' 'Section 166 certificate matter dismissed pursuant to s 10.' 'Reference to Parramatta Drug...