R v ENDICOTT [2011] NSWDC 10

R v ENDICOTT [2011] NSWDC 10

Having regard to the objective seriousness of the offences, the offender's criminal history, absence of remorse, risk of recidivism, and utilitarian benefit from guilty pleas, an overall sentence of 16 years imprisonment with a non-parole period of 12 years is imposed.

Jurisdiction
Australia
Judgment Date
17 February 2011
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to a total term of imprisonment of 16 years with a non-parole period of 12 years.
Legal Topics
['attempting to Strangle With Intent' 'aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'deviant Sexual Behaviour' 'form 1 Offences']
['criminal Law'] ['attempting to Strangle With Intent' 'aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm' 'deviant Sexual Behaviour' 'form 1 Offences']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for aggravated break and enter while armed' 'Attempting to strangle with intent to commit a serious indictable offence' 'Assessment of objective gravity and harm caused' 'Effect of pleas on sentencing (utilitarian discount)' "Consideration of offender's health, age, and risk of recidivism"]

Ratio Decidendi

Having regard to the objective seriousness of the offences, the offender's criminal history, absence of remorse, risk of recidivism, and utilitarian benefit from guilty pleas, an overall sentence of 16 years imprisonment with a non-parole period of 12 years is imposed.

Court Disposition

Sentenced to a total term of imprisonment of 16 years with a non-parole period of 12 years.

Orders

  • ['For aggravated break and enter: imprisonment, non-parole period of 6 years, overall term of 8 years, commencing 14 November 2009.' 'For attempting to strangle with intent to have sexual intercourse with a child under ten: imprisonment, non-parole period of 10 years to date from 14 November 2011, overall term of 14...