R v Milton [2012] NSWDC 310

R v Milton [2012] NSWDC 310

Given Mr Milton's demonstrated rehabilitation, prior custody (including gaol and quasi custody in rehabilitation), daily reporting, remorse, and early guilty plea, he should receive a non-custodial sentence of cumulative community service hours rather than imprisonment.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced to a total of 300 hours community service, with community service for two offences ordered cumulatively.
Legal Topics
['aggravated Enter Dwelling House With Intent to Steal' 'stealing From a Dwelling' 'sentencing' 'community Service' 'rehabilitation']
['criminal Law'] ['aggravated Enter Dwelling House With Intent to Steal' 'stealing From a Dwelling' 'sentencing' 'community Service' 'rehabilitation']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated enter dwelling house with intent to steal and stealing from a dwelling' 'Consideration of rehabilitation versus punishment in sentencing' 'Impact of prior custody and rehabilitation on sentencing']

Ratio Decidendi

Given Mr Milton's demonstrated rehabilitation, prior custody (including gaol and quasi custody in rehabilitation), daily reporting, remorse, and early guilty plea, he should receive a non-custodial sentence of cumulative community service hours rather than imprisonment.

Court Disposition

Convicted and sentenced to a total of 300 hours community service, with community service for two offences ordered cumulatively.

Orders

  • ['For stealing from a dwelling, convicted and ordered to perform 100 hours community service.' 'For aggravated enter dwelling with intent to steal, convicted and ordered to perform 200 hours community service.' 'Community service periods to be performed cumulatively (total 300 hours).' 'Offender to report to City...