Director of Public Prosecutions v Reynolds [2012] NSWLC 10

Director of Public Prosecutions v Reynolds [2012] NSWLC 10

Given the significant breach of trust, value and planning involved, and general need for deterrence, the offending required full time custodial sentences to be imposed. The utilitarian value of the plea was recognised with a discount, but personal factors and proposed alternatives did not warrant any lesser penalty. Total sentence structured for cumulation, with special circumstances found regarding non-parole period.

Jurisdiction
Australia
Judgment Date
24 October 2012
Procedural Posture
Criminal / Sentence
Outcome
Defendant sentenced to 3 years full time imprisonment (non-parole period 2 years), compensation order imposed (limited to $100,000), and court costs imposed. Good behaviour bond revoked and 2 months concurrent imprisonment ordered.
Legal Topics
['sentence' 'steal Property of Employer' 'theft' 'breach of Trust' 'general Deterrence']
['criminal Law'] ['sentence' 'steal Property of Employer' 'theft' 'breach of Trust' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences of stealing property as employee involving dishonesty and breach of trust' 'Appropriateness of alternatives to imprisonment in light of objective seriousness and personal circumstances' 'Jurisdictional limit of compensation orders in Local Court']

Ratio Decidendi

Given the significant breach of trust, value and planning involved, and general need for deterrence, the offending required full time custodial sentences to be imposed. The utilitarian value of the plea was recognised with a discount, but personal factors and proposed alternatives did not warrant any lesser penalty. Total sentence structured for cumulation, with special circumstances found regarding non-parole period.

Court Disposition

Defendant sentenced to 3 years full time imprisonment (non-parole period 2 years), compensation order imposed (limited to $100,000), and court costs imposed. Good behaviour bond revoked and 2 months concurrent imprisonment ordered.

Orders

  • ['For each of 24 theft offences: 18 months imprisonment; cumulated in tranches for total 3 years imprisonment; non-parole period 2 years commencing 24 October 2012.' 'Supervision on parole upon release.' 'Revocation of good behaviour bond for AVO breach; 2 months concurrent imprisonment.' "Compensation order to...