R v Thoral (2) [2015] NSWDC 368

R v Thoral (2) [2015] NSWDC 368

Even with mitigation for early drug addiction and less serious nature of offence, personal deterrence and criminal history warrant substantial imprisonment for break enter and steal, larceny, and possessing housebreaking implements.

Jurisdiction
Australia
Judgment Date
13 November 2015
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment.
Legal Topics
['break Enter and Steal' 'joint Criminal Enterprise' 'larceny' 'possess Housebreaking Implements' 'sentencing' 'personal Deterrence' 'drug Addiction as Mitigating Factor']
['criminal Law'] ['break Enter and Steal' 'joint Criminal Enterprise' 'larceny' 'possess Housebreaking Implements' 'sentencing' 'personal Deterrence' 'drug Addiction as Mitigating Factor']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['appropriate sentence for break enter and steal' "impact of offender's drug addiction as mitigation" 'joint criminal enterprise involvement' 'difference in sentencing between co-offenders' 'role of personal deterrence in sentencing']

Ratio Decidendi

Even with mitigation for early drug addiction and less serious nature of offence, personal deterrence and criminal history warrant substantial imprisonment for break enter and steal, larceny, and possessing housebreaking implements.

Court Disposition

Sentenced to imprisonment.

Orders

  • ['Larceny (s 166 certificate): fixed term of one month imprisonment from 13 May 2015.' 'Possessing housebreaking implements: fixed term of two months imprisonment from 13 June 2015.' 'Break enter and steal: non-parole period of two years, head sentence of four years imprisonment from 13 June 2015.' 'Eligibility for...