R v Enosa [2011] NSWDC 139

R v Enosa [2011] NSWDC 139

A custodial sentence of five years with a non-parole period of two years and six months is appropriate for aggravated break, enter and steal where the offender played a significant role in a joint criminal enterprise with aggravating circumstances, but demonstrated remorse and prospects of rehabilitation. The standard non-parole period is varied due to special circumstances including rehabilitation prospects and need for supervised parole.

Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Criminal / Sentence
Outcome
offender convicted and sentenced to imprisonment
Legal Topics
['aggravated Break Enter and Steal' 'sentencing' 'non Parole Period' 'joint Criminal Enterprise' 'aggravation']
['criminal Law'] ['aggravated Break Enter and Steal' 'sentencing' 'non Parole Period' 'joint Criminal Enterprise' 'aggravation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break, enter and steal under s 112(2) Crimes Act 1900 (NSW)' 'Applicability of standard non-parole period' 'Impact of guilty plea timing and utilitarian discount' 'Consideration of subjective factors and prospects of rehabilitation' 'Whether special circumstances exist justifying variation of standard non-parole period']

Ratio Decidendi

A custodial sentence of five years with a non-parole period of two years and six months is appropriate for aggravated break, enter and steal where the offender played a significant role in a joint criminal enterprise with aggravating circumstances, but demonstrated remorse and prospects of rehabilitation. The standard non-parole period is varied due to special circumstances including rehabilitation prospects and need for supervised parole.

Court Disposition

offender convicted and sentenced to imprisonment

Orders

  • ['The offender is convicted and sentenced to imprisonment for five years.' 'A non-parole period of two years and six months is set.' 'The sentence is to commence on 23 October 2009.' 'The earliest date for parole eligibility is 22 April 2012.']