R v Carroll [2022] NSWDC 419

R v Carroll [2022] NSWDC 419

Although there were mitigating factors, including guilty pleas, personal hardship, and some engagement with rehabilitation, the appellant's criminal history, the aggravating circumstances (including being on bail and an Intensive Correction Order), and the objective seriousness of the offences justified the sentences imposed; however, the appeal was partly allowed as the non-parole period was adjusted, and aggregate sentences substituted for certain offences.

Parties
Appellant: Mr M Carroll; Respondent: ODPP
Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Severity Appeal (criminal) / Appeal From Sentence Imposed by Local Court
Outcome
Appeal partly upheld in relation to three offences; individual sentences set aside and aggregate sentence imposed; appeal dismissed in relation to offence H88134660/2.
Legal Topics
Severity Appeal, Domestic Violence Offences, Break and Enter, Contravention of ADVO
Criminal Law Severity Appeal Domestic Violence Offences Break and Enter Contravention of ADVO

Case Brief

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Parties

Mr M Carroll

Appellant

ODPP

Respondent

Procedural Posture

Severity Appeal (criminal) / Appeal From Sentence Imposed by Local Court

Legal Issues

  1. 1 Whether the sentences imposed by the Local Court for contravention of ADVO and break and enter offences were manifestly excessive
  2. 2 Appropriate sentencing having regard to aggravating and mitigating factors, including subjective circumstances and prior history

Ratio Decidendi

Although there were mitigating factors, including guilty pleas, personal hardship, and some engagement with rehabilitation, the appellant's criminal history, the aggravating circumstances (including being on bail and an Intensive Correction Order), and the objective seriousness of the offences justified the sentences imposed; however, the appeal was partly allowed as the non-parole period was adjusted, and aggregate sentences substituted for certain offences.

Court Disposition

Appeal partly upheld in relation to three offences; individual sentences set aside and aggregate sentence imposed; appeal dismissed in relation to offence H88134660/2.

Orders

  • Severity appeal against sentence for offence H88134660/2 is dismissed.
  • For offences H91565388/1, H88134660/1, and H88134660/3, an aggregate sentence of 1 year, 9 months and 14 days is imposed, commencing on 29 June 2022 and expiring 11 April 2024.