R v Matthew MYATT [2009] NSWDC 419

R v Matthew MYATT [2009] NSWDC 419

The offender's offences were serious and caused substantial damage, but they were committed close in time to his existing Drug Court matters, he pleaded guilty, and his progress in the Compulsory Drug Treatment Program showed good prospects of rehabilitation. To protect those rehabilitation prospects and avoid the undesirable result of transfer from the treatment centre to the general prison population for an additional non-parole period, the Court imposed discounted sentences with non-parole periods expiring during the currency of his existing non-parole periods and referred him to the Drug Court.

Jurisdiction
Australia
Judgment Date
09 April 2009
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
Total term of 2 years imprisonment, 2 years non-parole period. Referred to the Drug Court.
Legal Topics
['break, Enter and Steal' 'break and Enter With Intent' 'malicious Damage to Property' 'plea of Guilty' 'drug Addiction' 'rehabilitation' 'non Parole Period' 'compulsory Drug Treatment Program' 'drug Court Referral']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'break and Enter With Intent' 'malicious Damage to Property' 'plea of Guilty' 'drug Addiction' 'rehabilitation' 'non Parole Period' 'compulsory Drug Treatment Program' 'drug Court Referral']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for two offences of break, enter and steal, one offence of break and enter with intent, and one offence of malicious damage to property.' "Whether the sentences and non-parole periods should be structured so that they expire during the currency of the offender's existing non-parole periods." 'Whether the offender should be referred to the Drug Court under s 106W(1) of the Crimes (Administration of Sentences) Act 1999.']

Ratio Decidendi

The offender's offences were serious and caused substantial damage, but they were committed close in time to his existing Drug Court matters, he pleaded guilty, and his progress in the Compulsory Drug Treatment Program showed good prospects of rehabilitation. To protect those rehabilitation prospects and avoid the undesirable result of transfer from the treatment centre to the general prison population for an additional non-parole period, the Court imposed discounted sentences with non-parole periods expiring during the currency of his existing non-parole periods and referred him to the Drug Court.

Court Disposition

Total term of 2 years imprisonment, 2 years non-parole period. Referred to the Drug Court.

Orders

  • ['For each of the two break, enter and steal offences, sentenced to 3 years imprisonment commencing on 10 June 2008 and expiring on 9 June 2011, with a non-parole period commencing on 10 June 2008 and expiring on 9 June 2010.' 'For the break and enter with intent offence, sentenced to 2 years imprisonment commencing...