R v Lake [2013] NSWDC 315

R v Lake [2013] NSWDC 315

Given the offender's breaches of the s 9 bond, continued offending related to alcohol addiction, and misleading evidence given previously regarding rehabilitation, a period of further custody is imposed, with sentencing tailored to balance punishment, rehabilitation, deterrence, and special circumstances involving supervision on release and accumulated sentences.

Parties
Prosecutor: The Crown; Offender: Dean Norman Lake
Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to imprisonment for break and enter with intent to steal in circumstances of aggravation, and larceny, with specified non-parole and head sentences.
Legal Topics
Sentencing, Breach of Bond, Rehabilitation, Break and Enter, Larceny, Personal Deterrence, Totality Principle
Criminal Law Sentencing Breach of Bond Rehabilitation Break and Enter Larceny Personal Deterrence Totality Principle

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Parties

The Crown

Prosecutor

Dean Norman Lake

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence following breach of s 9 bond after completion of s 11 bond
  2. 2 Determination of appropriate sentence for break and enter with intent to steal in circumstances of aggravation and larceny
  3. 3 Application of the principle of totality and special circumstances in sentencing

Ratio Decidendi

Given the offender's breaches of the s 9 bond, continued offending related to alcohol addiction, and misleading evidence given previously regarding rehabilitation, a period of further custody is imposed, with sentencing tailored to balance punishment, rehabilitation, deterrence, and special circumstances involving supervision on release and accumulated sentences.

Court Disposition

Offender sentenced to imprisonment for break and enter with intent to steal in circumstances of aggravation, and larceny, with specified non-parole and head sentences.

Orders

  • Imprisonment for break and enter with intent to steal in circumstances of aggravation: non-parole period of 18 months from 27 February 2014, head sentence of 3.5 years.
  • Imprisonment for larceny: fixed term of 12 months from 27 February 2014.