R v Whalan [2021] NSWDC 812

R v Whalan [2021] NSWDC 812

The aggregate sentence imposed reflects consideration of the principle of totality, causes and effects of recidivism and institutionalisation, parity with the co-offender, the low objective seriousness of most offences, and special circumstances warranting a finding for extended supervision and rehabilitation, balanced against specific and general deterrence due to the offender’s repeated criminal history.

Parties
Prosecutor: Crown; Offender: Shaun Whalan
Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence
Legal Topics
Aggravated Break and Enter, Recidivism, Domestic Violence, Sentencing Aggregate, Parity Principle
Criminal Law Aggravated Break and Enter Recidivism Domestic Violence Sentencing Aggregate Parity Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Crown

Prosecutor

Shaun Whalan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriateness of aggregate sentencing for multiple offences including aggravated break and enter, intimidation, property offences, and possess prohibited drug
  2. 2 Assessment of objective seriousness of each offence
  3. 3 Application of sentencing principles including totality, parity, and specific/general deterrence

Ratio Decidendi

The aggregate sentence imposed reflects consideration of the principle of totality, causes and effects of recidivism and institutionalisation, parity with the co-offender, the low objective seriousness of most offences, and special circumstances warranting a finding for extended supervision and rehabilitation, balanced against specific and general deterrence due to the offender’s repeated criminal history.

Court Disposition

conviction and sentence

Orders

  • Aggregate sentence of 4 years imprisonment imposed
  • Finding of special circumstances made; non-parole period set at 2 years from 29 June 2020