R v Innes [2020] NSWDC 878

R v Innes [2020] NSWDC 878

Aggregate sentence fixed at six years' imprisonment with a non-parole period of four years was appropriate, reflecting the objective seriousness, the offender's criminal history, prospects of rehabilitation, subjective circumstances including social disadvantage and drug addiction, and a discount for an early guilty plea.

Parties
Prosecutor: Director of Public Prosecutions (Crown); Offender: James Darren Innes
Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of 6 years imprisonment imposed with non-parole period of 4 years. Offender referred to Drug Court.
Legal Topics
Break and Enter, Sentencing, Property Offences, Aggregate Sentence, Non Parole Period
Criminal Law Break and Enter Sentencing Property Offences Aggregate Sentence Non Parole Period

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

James Darren Innes

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for multiple break and enter offences under s 112(1) Crimes Act 1900 (NSW)
  2. 2 Assessment of objective seriousness and subjective factors in sentencing
  3. 3 Application of aggregate sentencing provisions

Ratio Decidendi

Aggregate sentence fixed at six years' imprisonment with a non-parole period of four years was appropriate, reflecting the objective seriousness, the offender's criminal history, prospects of rehabilitation, subjective circumstances including social disadvantage and drug addiction, and a discount for an early guilty plea.

Court Disposition

Aggregate sentence of 6 years imprisonment imposed with non-parole period of 4 years. Offender referred to Drug Court.

Orders

  • Offender convicted of five break, enter and steal offences.
  • Aggregate sentence of 6 years imprisonment with non-parole period of 4 years imposed, commencing 4 November 2019 and expiring 3 November 2025. Non-parole period expires 3 November 2023.