R v Debortoli [2020] NSWDC 466

R v Debortoli [2020] NSWDC 466

Given the objective and subjective features of the offending—including multiple low-value break and enter and larceny offences committed while on parole, the offender's extensive criminal history and repeated parole breaches, his institutionalisation and social disadvantage, and the additional hardship posed by COVID-19 in the custodial environment but not justifying immediate release—the appropriate outcome is an aggregate sentence of two years and eight months imprisonment with a non-parole period of one year and six months, adjusted to reflect special circumstances allowing for extended supervision post-release.

Parties
Crown: Regina; Offender: Adrian Debortoli
Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Sentence / Sentencing
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 2 years and 8 months, with a non-parole period of 1 year and 6 months.
Legal Topics
Sentencing, Break and Enter, Larceny, Aggravated Break and Enter, Parole Breach, Pleas of Guilty, COVID 19 Considerations, Special Circumstances
Criminal Law Sentencing Break and Enter Larceny Aggravated Break and Enter Parole Breach Pleas of Guilty COVID 19 Considerations +1 more

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Parties

Regina

Crown

Adrian Debortoli

Offender

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offences of break and enter and related larceny
  2. 2 Impact of extensive criminal history and parole breaches
  3. 3 Relevance of offender’s personal circumstances, drug use, and institutionalisation

Ratio Decidendi

Given the objective and subjective features of the offending—including multiple low-value break and enter and larceny offences committed while on parole, the offender's extensive criminal history and repeated parole breaches, his institutionalisation and social disadvantage, and the additional hardship posed by COVID-19 in the custodial environment but not justifying immediate release—the appropriate outcome is an aggregate sentence of two years and eight months imprisonment with a non-parole period of one year and six months, adjusted to reflect special circumstances allowing for extended supervision post-release.

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 2 years and 8 months, with a non-parole period of 1 year and 6 months.

Orders

  • Conviction on all offences.
  • Aggregate sentence of 2 years 8 months imprisonment from 6 January 2020 to 5 September 2022.