R v Bruno PAMPUSA [2009] NSWDC 240

R v Bruno PAMPUSA [2009] NSWDC 240

The sentence for break and enter should partially accumulate on existing sentences due to the distinctiveness of the crime, with allowance made for rehabilitation prospects and a plea of guilty resulting in a reduced sentence. Three years imprisonment with a two-year non-parole period was imposed, and parole conditions were set to support ongoing rehabilitation.

Jurisdiction
Australia
Judgment Date
24 July 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'break and Enter' 'rehabilitation' 'parole Conditions' 'plea of Guilty']
['criminal Law'] ['sentencing' 'break and Enter' 'rehabilitation' 'parole Conditions' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["How should the sentence for break and enter be determined given the defendant's criminal history and mitigating personal circumstances?" "Should the sentence be concurrent with the defendant's existing sentence?" 'What is the appropriate non-parole period and parole conditions?']

Ratio Decidendi

The sentence for break and enter should partially accumulate on existing sentences due to the distinctiveness of the crime, with allowance made for rehabilitation prospects and a plea of guilty resulting in a reduced sentence. Three years imprisonment with a two-year non-parole period was imposed, and parole conditions were set to support ongoing rehabilitation.

Court Disposition

convicted and sentenced

Orders

  • ['Three years imprisonment commencing 24 July 2009.' 'Non-parole period of two years commencing 24 July 2009, expiring 23 July 2011.' 'Balance of term one year commencing 24 July 2011, expiring 23 July 2012.' 'Release on parole on 23 July 2011 under s 50 of the Crimes (Sentencing Procedure) Act 1999.' 'Upon release,...