R v Sines [2021] NSWDC 698

R v Sines [2021] NSWDC 698

The sentence was determined having regard to the seriousness of the offence, the offender's diminished culpability due to social disadvantage, trauma, and addiction (applying Bugmy), the utilitarian value of the plea of guilty, and the assessment that the offending fell below the mid-range of objective seriousness, but deterrence, accountability, and protection of the community required a custodial sentence.

Parties
Prosecution: Director of Public Prosecutions (NSW); Offender: Wundarra Sines
Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to imprisonment
Legal Topics
Aggravated Break and Enter, Larceny, Sentencing, Bugmy Principles, Prospects of Rehabilitation
Criminal Law Aggravated Break and Enter Larceny Sentencing Bugmy Principles Prospects of Rehabilitation

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Parties

Director of Public Prosecutions (NSW)

Prosecution

Wundarra Sines

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter with intent to commit larceny
  2. 2 Application of Bugmy principles to offender's background
  3. 3 Assessment of offender's prospects of rehabilitation and culpability

Ratio Decidendi

The sentence was determined having regard to the seriousness of the offence, the offender's diminished culpability due to social disadvantage, trauma, and addiction (applying Bugmy), the utilitarian value of the plea of guilty, and the assessment that the offending fell below the mid-range of objective seriousness, but deterrence, accountability, and protection of the community required a custodial sentence.

Court Disposition

Offender convicted and sentenced to imprisonment

Orders

  • Conviction entered for break and enter with intent to commit larceny in circumstances of aggravation
  • Imprisonment for 2 years and 3 months, commencing 19 January 2021, expiring 18 April 2023