R v Stephen Pfuhl; R v Jake Gardiner [2018] NSWDC 467

R v Stephen Pfuhl; R v Jake Gardiner [2018] NSWDC 467

The appropriate sentences for Pfuhl and Gardiner reflect the objective seriousness of the offence, which is towards the lower end of the range, personal circumstances, and parity principles. Special circumstances exist justifying a longer period on parole, particularly first custodial sentence, rehabilitation prospects, and family needs. Utilitarian value of the guilty pleas merits a 25% discount. For Pfuhl, sentence was commenced from actual custody due to presumption of innocence on other charges. Gardiner's sentence was aligned with Pfuhl on parity grounds despite his prior history.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal / Sentence
Outcome
conviction and custodial sentence
Legal Topics
['break and Enter' 'larceny' 'aggravated Offence' 'joint Criminal Enterprise' 'parity in Sentencing' 'special Circumstances' 'non Parole Period' 'rehabilitation']
['criminal Law'] ['break and Enter' 'larceny' 'aggravated Offence' 'joint Criminal Enterprise' 'parity in Sentencing' 'special Circumstances' 'non Parole Period' 'rehabilitation']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentencing for breaking, entering and committing larceny in circumstances of aggravation' 'Application of parity principles between co-offenders' 'Assessment of objective seriousness and personal circumstances' 'Determination of non-parole period and special circumstances']

Ratio Decidendi

The appropriate sentences for Pfuhl and Gardiner reflect the objective seriousness of the offence, which is towards the lower end of the range, personal circumstances, and parity principles. Special circumstances exist justifying a longer period on parole, particularly first custodial sentence, rehabilitation prospects, and family needs. Utilitarian value of the guilty pleas merits a 25% discount. For Pfuhl, sentence was commenced from actual custody due to presumption of innocence on other charges. Gardiner's sentence was aligned with Pfuhl on parity grounds despite his prior history.

Court Disposition

conviction and custodial sentence

Orders

  • ['Stephen Pfuhl convicted; sentenced to imprisonment: non-parole period of one year and three months (30 August 2017 – 29 November 2018), further imprisonment of one year (29 November 2018 – 29 November 2019), total sentence two years and three months.' 'Jake Gardiner convicted; sentenced to imprisonment: non-parole...