R v Bottom [2019] NSWDC 828

R v Bottom [2019] NSWDC 828

Offender sentenced to an aggregate sentence considering totality of criminality, partial accumulation, relevant discounts for guilty pleas, assessment of objective seriousness below middle range for standard non-parole period matters, and finding of special circumstances in fixing non-parole period. Sentences reflect weight to deterrence, retribution, rehabilitation, and purposes of sentencing per statute and case law.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Criminal / Sentencing
Outcome
Convicted; sentenced to aggregate nine years imprisonment with non-parole period of four years eleven months.
Legal Topics
['sentencing' 'break Enter and Steal' 'dangerous Driving' 'firearms Offences' 'totality' 'special Circumstances' 'conditional Liberty' 'rehabilitation' 'deterrence']
['criminal Law'] ['sentencing' 'break Enter and Steal' 'dangerous Driving' 'firearms Offences' 'totality' 'special Circumstances' 'conditional Liberty' 'rehabilitation' 'deterrence']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for multiple offences including break, enter and steal, dangerous driving, firearms offences while on conditional liberty' 'Application of totality principle and partial accumulation of sentences' 'Assessment of objective seriousness and moral culpability for standard non-parole period offences' 'Consideration of special circumstances in fixing non-parole period']

Ratio Decidendi

Offender sentenced to an aggregate sentence considering totality of criminality, partial accumulation, relevant discounts for guilty pleas, assessment of objective seriousness below middle range for standard non-parole period matters, and finding of special circumstances in fixing non-parole period. Sentences reflect weight to deterrence, retribution, rehabilitation, and purposes of sentencing per statute and case law.

Court Disposition

Convicted; sentenced to aggregate nine years imprisonment with non-parole period of four years eleven months.

Orders

  • ['Aggregate sentence of nine years imprisonment commencing 17 July 2020, expiring 16 July 2029.' 'Non-parole period fixed at four years eleven months expiring 16 June 2025.' 'Convicted on all offences pleaded guilty; indicative sentences calculated for each principal offence.' 'Convicted on s 166 certificate...