R v Hooper [2015] NSWDC 173

R v Hooper [2015] NSWDC 173

The offender's sentence was reduced due to special circumstances, notably his drug addiction originating in childhood without informed consent, early guilty plea, and the application of totality. The aggravated nature of the offence and concurrent bail were also considered, resulting in imprisonment with a non-parole period and head sentence tailored in accordance with guideline authorities.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to imprisonment with a non-parole period of 2½ years and a head sentence of 5 years. On the s166 certificate matter, sentenced to a fixed term of imprisonment for 2 months.
Legal Topics
['break, Enter and Steal' 'carried in Conveyance Taken Without Consent' 'planned Offence' 'drug Addiction and Criminal Responsibility']
['criminal Law'] ['break, Enter and Steal' 'carried in Conveyance Taken Without Consent' 'planned Offence' 'drug Addiction and Criminal Responsibility']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Relevance of drug addiction to sentencing' 'Aggravating circumstances in sentencing for break, enter and steal' 'Application of guideline judgments to non-residential break and enter offences' 'Principle of totality in sentencing concurrent sentences']

Ratio Decidendi

The offender's sentence was reduced due to special circumstances, notably his drug addiction originating in childhood without informed consent, early guilty plea, and the application of totality. The aggravated nature of the offence and concurrent bail were also considered, resulting in imprisonment with a non-parole period and head sentence tailored in accordance with guideline authorities.

Court Disposition

The offender is sentenced to imprisonment with a non-parole period of 2½ years and a head sentence of 5 years. On the s166 certificate matter, sentenced to a fixed term of imprisonment for 2 months.

Orders

  • ['Imprisonment with a non-parole period of 2½ years to date from 30 January 2015' 'Head sentence of 5 years' 'Eligible for release to parole on 29 July 2017' 'On s166 matter, fixed term of imprisonment of 2 months to commence 30 January 2015']