R v Dandan [2018] NSWDC 323

R v Dandan [2018] NSWDC 323

The offence was objectively serious because it involved planning, stolen vehicles, a ram raid on commercial premises, financial gain, offending in company and substantial damage, and the offender was on conditional liberty. Imprisonment was the only appropriate penalty. However, the offender's involvement was shorter and less serious than that of the co-offenders, he acted as a lookout, had a relatively minor criminal history, pleaded guilty, showed remorse, had good prospects of rehabilitation, had ceased drug use, maintained employment and had been subject to a lengthy curfew on bail. In all the circumstances, a 2 year sentence of imprisonment served by way of an Intensive Correction...

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty in the District Court
Outcome
The offender was convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Correction Order commencing 26 October 2018 and expiring 25 October 2020, with the Form 1 matters taken into consideration.
Legal Topics
['aggravated Break and Enter With Intent to Commit Larceny' 'take and Drive Conveyance Without Consent' 'form 1 Matters' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'parity' 'intensive Correction Order']
['criminal Law' 'sentencing'] ['aggravated Break and Enter With Intent to Commit Larceny' 'take and Drive Conveyance Without Consent' 'form 1 Matters' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'parity' 'intensive Correction Order']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty in the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter with intent to commit larceny, taking into account two Form 1 offences of take and drive conveyance without consent.' 'Whether the objective seriousness of the ram raid offence, including planning, financial gain, offending in company and substantial damage, required imprisonment.' "Whether the offender's lesser role, guilty plea, remorse, rehabilitation prospects, drug abstinence, employment, family support, curfew on bail and parity with co-offenders justified a lesser sentence and service by Intensive Correction Order."]

Ratio Decidendi

The offence was objectively serious because it involved planning, stolen vehicles, a ram raid on commercial premises, financial gain, offending in company and substantial damage, and the offender was on conditional liberty. Imprisonment was the only appropriate penalty. However, the offender's involvement was shorter and less serious than that of the co-offenders, he acted as a lookout, had a relatively minor criminal history, pleaded guilty, showed remorse, had good prospects of rehabilitation, had ceased drug use, maintained employment and had been subject to a lengthy curfew on bail. In all the circumstances, a 2 year sentence of imprisonment served by way of an Intensive Correction...

Court Disposition

The offender was convicted and sentenced to 2 years imprisonment to be served by way of an Intensive Correction Order commencing 26 October 2018 and expiring 25 October 2020, with the Form 1 matters taken into consideration.

Orders

  • ['The offender is convicted.' 'The Form 1 matters have been taken into consideration. The offender is sentenced to a term of imprisonment for a period of 2 years.' 'Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999 the sentence imposed on the offender is to be served by way of an Intensive...