R v Collins; R v McWaters; R v Butler [2023] NSWDC 258

R v Collins; R v McWaters; R v Butler [2023] NSWDC 258

Each offender was sentenced with regard to the objective seriousness of the offence, the aggravating circumstance of knowing a person was present, and individual factors including background of trauma, criminal antecedents, degree of rehabilitation, and parity between offenders; rehabilitation progress justified an ICO for Butler, while McWaters and Collins were sentenced to terms of imprisonment reflecting their histories and the need for general deterrence; pleas of guilty yielded a 25% discount.

Parties
Offender: Timothy Michael Collins; Prosecution: Director Of Public Prosecutions; Offender: Dale McWaters; Offender: Tracey Butler
Jurisdiction
Australia
Judgment Date
13 April 2023
Procedural Posture
Criminal / Sentencing
Outcome
Sentences imposed for each offender according to their circumstances with reductions for guilty pleas; Butler to serve by way of Intensive Corrections Order, McWaters and Collins to serve custodial sentences with non-parole periods set.
Legal Topics
Aggravated Break and Enter, Sentencing, Parity, Objective Seriousness, Drug Rehabilitation, Intensive Correction Order
Criminal Law Aggravated Break and Enter Sentencing Parity Objective Seriousness Drug Rehabilitation Intensive Correction Order

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Parties

Timothy Michael Collins

Offender

Director Of Public Prosecutions

Prosecution

Dale McWaters

Offender

Tracey Butler

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for each offender for aggravated break and enter in circumstances of aggravation involving larceny?
  2. 2 How should the backgrounds and personal circumstances of each offender affect their sentence?
  3. 3 Is an Intensive Correction Order appropriate for Butler given her circumstances and rehabilitation progress?

Ratio Decidendi

Each offender was sentenced with regard to the objective seriousness of the offence, the aggravating circumstance of knowing a person was present, and individual factors including background of trauma, criminal antecedents, degree of rehabilitation, and parity between offenders; rehabilitation progress justified an ICO for Butler, while McWaters and Collins were sentenced to terms of imprisonment reflecting their histories and the need for general deterrence; pleas of guilty yielded a 25% discount.

Court Disposition

Sentences imposed for each offender according to their circumstances with reductions for guilty pleas; Butler to serve by way of Intensive Corrections Order, McWaters and Collins to serve custodial sentences with non-parole periods set.

Orders

  • Collins: Imprisonment sentence of 2 years and 7 months with a non-parole period of 1 year and 7 months, commencing 13 April 2022, release to parole on 12 November 2023, parole period 1 year.
  • McWaters: Imprisonment sentence of 2 years and 7 months with a non-parole period of 1 year and 7 months, commencing 13 May 2022, release to parole 12 December 2023, parole period 1 year.