R v Bonifasous REUTER [2012] NSWDC 178

R v Bonifasous REUTER [2012] NSWDC 178

A custodial sentence was required because the armed robbery and aggravated break, enter and steal offences were serious and involved harm to victims and the need for community protection and deterrence. The sentence was moderated by the offender's early guilty plea, absence of prior convictions, youth, good character, strong work ethic, family support, remorse, good rehabilitation prospects, lack of drug and alcohol problems, lesser culpability compared with co-offender Lang, and special circumstances justifying a non-parole period of 50 percent rather than the usual 75 percent.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Criminal Sentence / Sentence Following Early Guilty Plea
Outcome
Offender sentenced to an effective overall sentence of 3 years and 6 months imprisonment with a non-parole period of 1 year and 9 months.
Legal Topics
['aggravated Break, Enter and Steal' 'armed Robbery' 'early Plea of Guilty' 'prior Criminality' 'good Character' 'remorse' 'rehabilitation' 'parity' 'special Circumstances' 'non Parole Period' 'victim Impact Statement' 'sentencing Guideline']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'armed Robbery' 'early Plea of Guilty' 'prior Criminality' 'good Character' 'remorse' 'rehabilitation' 'parity' 'special Circumstances' 'non Parole Period' 'victim Impact Statement' 'sentencing Guideline']

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Procedural Posture

Criminal Sentence / Sentence Following Early Guilty Plea

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of aggravated break, enter and steal and one offence of robbery whilst armed with an offensive weapon.' "What weight should be given to the offender's youth, lack of criminal record, good character, work ethic, family support, remorse and early guilty plea." 'Whether special circumstances justified reducing the usual ratio between the non-parole period and the full term.' "How parity with co-offender Mr Lang's sentence should be taken into account."]

Ratio Decidendi

A custodial sentence was required because the armed robbery and aggravated break, enter and steal offences were serious and involved harm to victims and the need for community protection and deterrence. The sentence was moderated by the offender's early guilty plea, absence of prior convictions, youth, good character, strong work ethic, family support, remorse, good rehabilitation prospects, lack of drug and alcohol problems, lesser culpability compared with co-offender Lang, and special circumstances justifying a non-parole period of 50 percent rather than the usual 75 percent.

Court Disposition

Offender sentenced to an effective overall sentence of 3 years and 6 months imprisonment with a non-parole period of 1 year and 9 months.

Orders

  • ['For the aggravated break, enter and steal at the Joyce Mayne complex, the offender was sentenced to a fixed term of 18 months imprisonment commencing on 27 January 2012 and expiring on 26 July 2013.' 'For the aggravated break, enter and steal at the Switchboard complex, the offender was sentenced to a fixed term...