R v Clayton KEAN [2010] NSWDC 29

R v Clayton KEAN [2010] NSWDC 29

The offender is sentenced to terms of imprisonment for aggravated break, enter and steal, stealing a motor vehicle, and break, enter and steal, with the setting of non-parole periods and head sentences below the standard statutory period based on special circumstances, overall misconduct, and guilty pleas.

Parties
Prosecution: The Crown; Offender: Clayton Kean
Jurisdiction
Australia
Judgment Date
12 February 2010
Procedural Posture
Criminal Sentencing / Sentencing Judgment
Outcome
The offender is sentenced to imprisonment on several counts with specified non-parole periods and terms; referral made to Drug Court; dismissal of matters on the 166 certificate.
Legal Topics
Aggravated Break, Enter and Steal, Larceny, Form 1 Matter, Drug Addiction, Rehabilitation, Sentencing Principles, Non Parole Period, Special Circumstances
Criminal Law Aggravated Break, Enter and Steal Larceny Form 1 Matter Drug Addiction Rehabilitation Sentencing Principles Non Parole Period +1 more

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Parties

The Crown

Prosecution

Clayton Kean

Offender

Procedural Posture

Criminal Sentencing / Sentencing Judgment

Legal Issues

  1. 1 Whether the offender should be sentenced for aggravated break, enter and steal
  2. 2 Appropriate sentence for the offence of stealing a motor vehicle
  3. 3 Appropriate sentence for break, enter and steal committed on 11 December 2008

Ratio Decidendi

The offender is sentenced to terms of imprisonment for aggravated break, enter and steal, stealing a motor vehicle, and break, enter and steal, with the setting of non-parole periods and head sentences below the standard statutory period based on special circumstances, overall misconduct, and guilty pleas.

Court Disposition

The offender is sentenced to imprisonment on several counts with specified non-parole periods and terms; referral made to Drug Court; dismissal of matters on the 166 certificate.

Orders

  • Imprisonment for aggravated break, enter and steal: non-parole period two and a half years from 1 December 2008, overall term four years.
  • Imprisonment for stealing Mercedes motor vehicle: fixed term one year from 1 December 2010.