Regina v Benjamin Elthan [2007] NSWDC 258

Regina v Benjamin Elthan [2007] NSWDC 258

The seriousness of the aggravated break and enter, escalation in offender's conduct, alcohol dependency, and the need for both punishment and rehabilitation warranted a head sentence of four years and seven months with a non-parole period of two years and five months, commencing from the date of arrest. Conditions for parole address rehabilitation needs; sentencing accounts for special circumstances and a guilty plea discount.

Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to four years and seven months imprisonment with a non-parole period of two years and five months, conditions for parole imposed; recommendations for rehabilitation and classification provided.
Legal Topics
['sentencing' 'break and Enter' 'in Company' 'aggravation' 'alcohol Dependency' 'extended Parole Period']
['criminal Law'] ['sentencing' 'break and Enter' 'in Company' 'aggravation' 'alcohol Dependency' 'extended Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for aggravated break and enter committed in company under influence of alcohol' "Consideration of offender's alcohol dependency and rehabilitation prospects" 'Application of sentencing principles under s.3A Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The seriousness of the aggravated break and enter, escalation in offender's conduct, alcohol dependency, and the need for both punishment and rehabilitation warranted a head sentence of four years and seven months with a non-parole period of two years and five months, commencing from the date of arrest. Conditions for parole address rehabilitation needs; sentencing accounts for special circumstances and a guilty plea discount.

Court Disposition

Offender sentenced to four years and seven months imprisonment with a non-parole period of two years and five months, conditions for parole imposed; recommendations for rehabilitation and classification provided.

Orders

  • ['The non-parole period commences on 31 July 2006 and concludes on 30 November 2008.' 'Offender to be released from custody on 30 November 2008.' 'Conditions on parole require offender to undertake relapse prevention programs and random urinalysis testing.' 'Parole authorities recommended to consider arranging...