R v Peter James DAY [3] [2009] NSWDC 359

R v Peter James DAY [3] [2009] NSWDC 359

The offender was found guilty of breaking and entering in company with intent to intimidate, as he contemplated it as a real possibility if SA did not open the door, even though his intention was to assist RM, not to harm. His offence was below the mid-range of objective seriousness due to the motivation being to assist someone he believed to be at risk, but the gravity required a full-time custodial sentence.

Parties
Prosecution: The Crown; Offender: Peter James Day
Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Criminal Sentence / Sentencing Decision
Outcome
The offender is sentenced to imprisonment; non-parole period of one year from 20 November 2009, with total term of two years. Release to parole set for 19 November 2010.
Legal Topics
Breaking and Entering, Joint Criminal Enterprise, Sentencing, Intimidation
Criminal Law Breaking and Entering Joint Criminal Enterprise Sentencing Intimidation

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Parties

The Crown

Prosecution

Peter James Day

Offender

Procedural Posture

Criminal Sentence / Sentencing Decision

Legal Issues

  1. 1 Whether the offender participated in a joint criminal enterprise involving breaking and entering in company with intent to intimidate.
  2. 2 Assessment of the offender's intent and level of criminal responsibility.
  3. 3 Appropriate sentence in light of offender's subjective circumstances and objective gravity.

Ratio Decidendi

The offender was found guilty of breaking and entering in company with intent to intimidate, as he contemplated it as a real possibility if SA did not open the door, even though his intention was to assist RM, not to harm. His offence was below the mid-range of objective seriousness due to the motivation being to assist someone he believed to be at risk, but the gravity required a full-time custodial sentence.

Court Disposition

The offender is sentenced to imprisonment; non-parole period of one year from 20 November 2009, with total term of two years. Release to parole set for 19 November 2010.

Orders

  • Offender sentenced to imprisonment.
  • Non-parole period set: one year from 20 November 2009.