R v Glare [2014] NSWDC 298

R v Glare [2014] NSWDC 298

An aggregate sentence of three years imprisonment, with a non-parole period of 18 months, is appropriate in light of the objective and subjective features of the offending, the guilty plea at the earliest opportunity, the offender's remorse, commitment to rehabilitation, lack of relevant criminal record, and the need for supervision and rehabilitation upon release. Sentences for individual offences were calculated, aggregated, and then discounted by 40%. Special circumstances allow for a reduced ratio between head sentence and non-parole period.

Parties
Prosecutor: Regina (Crown); Offender: Christopher James Glare
Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
convicted and sentenced
Legal Topics
Aggravated Break, Enter and Steal, Aggravated Break and Enter With Intent to Commit a Serious Indictable Offence, Possess Housebreaking Implements, Receive Stolen Property, Larceny, Enter Building With Intent to Commit Serious Indictable Offence, Deal With Proceeds of Crime, Aggregate Sentencing, Parole, Rehabilitation, Drug Addiction and Offending, Sentence Discount
Criminal Law Aggravated Break, Enter and Steal Aggravated Break and Enter With Intent to Commit a Serious Indictable Offence Possess Housebreaking Implements Receive Stolen Property Larceny Enter Building With Intent to Commit Serious Indictable Offence Deal With Proceeds of Crime +5 more

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Parties

Regina (Crown)

Prosecutor

Christopher James Glare

Offender

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for seven offences including aggravated break, enter and steal, break and enter with intent, possessing housebreaking implements, receiving stolen property, larceny, dealing with proceeds of crime, and related offences
  2. 2 Consideration of mitigating factors such as remorse, rehabilitation, lack of relevant prior criminality, plea of guilty
  3. 3 Application of sentence discounts for early plea and cooperation

Ratio Decidendi

An aggregate sentence of three years imprisonment, with a non-parole period of 18 months, is appropriate in light of the objective and subjective features of the offending, the guilty plea at the earliest opportunity, the offender's remorse, commitment to rehabilitation, lack of relevant criminal record, and the need for supervision and rehabilitation upon release. Sentences for individual offences were calculated, aggregated, and then discounted by 40%. Special circumstances allow for a reduced ratio between head sentence and non-parole period.

Court Disposition

convicted and sentenced

Orders

  • Aggregate sentence of three years imprisonment commencing 30 March 2014 and expiring 29 March 2017.
  • Non-parole period of 18 months commencing 30 March 2014 and expiring 29 September 2015.