R v Michael John CHRISTIAN [2009] NSWDC 227

R v Michael John CHRISTIAN [2009] NSWDC 227

The offence was in the middle of the range of objective seriousness, toward the lower end, because it involved violent forced entry into the victim's home, use of an irritating spray and an implement, and Mr Christian's leadership, although the injuries and duration were limited. Provocation and limited planning were not established as mitigating factors. Mr Christian's serious prior record and commission of the offence while on conditional liberty aggravated the sentence. Because the injury, emotional harm, loss or damage was not substantial, a non-parole period shorter than the standard non-parole period was warranted, and special circumstances justified a longer parole period for...

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Criminal Sentencing for Aggravated Break and Enter and Commit Serious Indictable Offence / Sentence After Jury Verdict of Guilty
Outcome
Mr Christian was convicted and sentenced to imprisonment for five years, with a non-parole period of three years and a balance of term of two years.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'provocation as Mitigating Factor' 'objective Seriousness' 'prior Criminal Record' 'offence Committed While on Conditional Liberty' 'standard Non Parole Period' 'special Circumstances' 'rehabilitation']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'provocation as Mitigating Factor' 'objective Seriousness' 'prior Criminal Record' 'offence Committed While on Conditional Liberty' 'standard Non Parole Period' 'special Circumstances' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Aggravated Break and Enter and Commit Serious Indictable Offence / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['Whether the circumstances involving Blake and Mr Munro amounted to provocation mitigating the offence under s 21A of the Crimes (Sentencing Procedure) Act 1999.' 'What was the objective seriousness of the aggravated break and enter and commit serious indictable offence.' 'What aggravating matters, including prior record and commission while on conditional liberty, should be taken into account.' 'Whether there were reasons under s 54B(2) and s 21A to impose a non-parole period shorter than the standard non-parole period.' 'Whether special circumstances justified varying the usual ratio between the non-parole period and the head sentence under s 44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offence was in the middle of the range of objective seriousness, toward the lower end, because it involved violent forced entry into the victim's home, use of an irritating spray and an implement, and Mr Christian's leadership, although the injuries and duration were limited. Provocation and limited planning were not established as mitigating factors. Mr Christian's serious prior record and commission of the offence while on conditional liberty aggravated the sentence. Because the injury, emotional harm, loss or damage was not substantial, a non-parole period shorter than the standard non-parole period was warranted, and special circumstances justified a longer parole period for...

Court Disposition

Mr Christian was convicted and sentenced to imprisonment for five years, with a non-parole period of three years and a balance of term of two years.

Orders

  • ['Mr Christian was convicted of aggravated break and enter and commit serious indictable offence.' 'A non-parole period of three years was set from 19 May 2009 to 18 May 2012.' 'The balance of the term was set at two years from 19 May 2012 to 18 May 2014.' 'No order directing release on parole was made.' 'The court...