Regina v Barry James Vale [2007] NSWDC 357

Regina v Barry James Vale [2007] NSWDC 357

Given the seriousness of the offence, the defendant's prior criminal history, and the need for specific deterrence, a custodial sentence is required. However, significant mitigation is justified by the defendant's early plea of guilty, substantial cooperation with authorities, first time in adult prison, prospects for rehabilitation, and demonstrated special circumstances. Consequently, a sentence of two years imprisonment is imposed, with a non-parole period expiring the day of judgment and immediate release to parole.

Parties
Prosecution: Regina; Defendant: Barry James Vale
Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to two years imprisonment with a non-parole period of 10 months and 24 days; immediate release to supervised parole.
Legal Topics
Sentencing, Break and Enter, Young Offender, Assistance to Authorities, Aggravated Offence
Criminal Law Sentencing Break and Enter Young Offender Assistance to Authorities Aggravated Offence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecution

Barry James Vale

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter committed by a young adult with prior criminal record
  2. 2 Impact of assistance to authorities on sentence
  3. 3 Consideration of specific deterrence and prospects of rehabilitation

Ratio Decidendi

Given the seriousness of the offence, the defendant's prior criminal history, and the need for specific deterrence, a custodial sentence is required. However, significant mitigation is justified by the defendant's early plea of guilty, substantial cooperation with authorities, first time in adult prison, prospects for rehabilitation, and demonstrated special circumstances. Consequently, a sentence of two years imprisonment is imposed, with a non-parole period expiring the day of judgment and immediate release to parole.

Court Disposition

Defendant sentenced to two years imprisonment with a non-parole period of 10 months and 24 days; immediate release to supervised parole.

Orders

  • Imprisonment for two years commencing 12 November 2006
  • Non-parole period of ten months and twenty-four days, expiring 5 October 2007