R v Doolan (No 2) [2023] NSWDC 600

R v Doolan (No 2) [2023] NSWDC 600

Given the seriousness of aggravated break and enter and break and enter dwelling offences, committed while on parole and accompanied by breach of bail, an aggregate imprisonment sentence is required; the offender's marked childhood deprivation, trauma, institutionalisation, mental illness, and special circumstances justify the finding of reduced moral culpability and moderate mitigation in sentencing; proportionality, community safety, and the purposes of punishment are balanced against subjective considerations, resulting in an aggregate sentence of 2 years and 11 months with a non-parole period of 1 year and 8 months.

Jurisdiction
Australia
Judgment Date
07 December 2023
Procedural Posture
Criminal Sentencing / Sentence Imposed
Outcome
aggregate sentence of imprisonment imposed
Legal Topics
['property Offences' 'break and Enter' 'sentencing' 'mitigating Factors' 'parole' 'intensive Correction Order' 'community Safety' 'subjective Considerations' 'special Circumstances']
['criminal Law'] ['property Offences' 'break and Enter' 'sentencing' 'mitigating Factors' 'parole' 'intensive Correction Order' 'community Safety' 'subjective Considerations' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence Imposed

Legal Issues

  1. 1 ['assessment of the seriousness of aggravated break and enter and related offences' "appropriate sentence given offender's circumstances" 'mitigation for childhood trauma and mental health' 'impact of offending while on parole and breach of bail' 'proportionality and community safety in sentencing']

Ratio Decidendi

Given the seriousness of aggravated break and enter and break and enter dwelling offences, committed while on parole and accompanied by breach of bail, an aggregate imprisonment sentence is required; the offender's marked childhood deprivation, trauma, institutionalisation, mental illness, and special circumstances justify the finding of reduced moral culpability and moderate mitigation in sentencing; proportionality, community safety, and the purposes of punishment are balanced against subjective considerations, resulting in an aggregate sentence of 2 years and 11 months with a non-parole period of 1 year and 8 months.

Court Disposition

aggregate sentence of imprisonment imposed

Orders

  • ['Aggregate imprisonment sentence of 2 years and 11 months commencing 6 April 2023.' 'Non-parole period of 1 year and 8 months, expires 5 December 2024.' 'Eligibility for release on 6 December 2024.' 'Sentences for each offence reduced by 25% for early guilty pleas.' 'No Intensive Correction Order imposed.']