R v Kylie TREGONNING [2006] NSWDC 148

R v Kylie TREGONNING [2006] NSWDC 148

The sentence imposed reflects the seriousness of the offences, the significant aggravating factors including the defendant's criminal history and parole violation, balanced against her substantially diminished moral culpability due to traumatic personal background and substance abuse issues, warranting both punishment and mercy.

Parties
Prosecutor: Crown; Defendant: Kylie Tregonning
Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Break, Enter and Steal, Larceny, Sentencing, Form 1
Criminal Law Break, Enter and Steal Larceny Sentencing Form 1

Case Brief

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Parties

Crown

Prosecutor

Kylie Tregonning

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for break, enter and steal, and larceny
  2. 2 impact of offender's personal history on sentencing
  3. 3 application of special circumstances in sentencing

Ratio Decidendi

The sentence imposed reflects the seriousness of the offences, the significant aggravating factors including the defendant's criminal history and parole violation, balanced against her substantially diminished moral culpability due to traumatic personal background and substance abuse issues, warranting both punishment and mercy.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • For break, enter and steal (including Form 1 matters), sentence of three and a half years imprisonment with a non-parole period of eighteen months.
  • For larceny, a fixed term of imprisonment of twelve months, concurrent with the other sentence.