R v Connell [2019] NSWDC 386

R v Connell [2019] NSWDC 386

An aggregate sentence of imprisonment is appropriate, taking into account mitigating factors, objective seriousness, special circumstances, and principles of totality, accumulation and concurrency. A non-crushing sentence promotes rehabilitation and supervision, recognising the offender's personal circumstances.

Parties
Prosecutor: Regina (Crown); Offender: Craig Connell
Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to imprisonment
Legal Topics
Sentencing, Mitigating Factors, Plea of Guilty, Rehabilitation, Remorse, Penalties, Imprisonment, Probation and Parole, Offence Committed Whilst on Parole, Subjective Considerations, Form 1 Offences, Purposes of Sentencing, Multiple Offences, Accumulation, Concurrency, Totality, Crushing Sentence
Criminal Law Sentencing Mitigating Factors Plea of Guilty Rehabilitation Remorse Penalties Imprisonment +10 more

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Parties

Regina (Crown)

Prosecutor

Craig Connell

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple break, enter and steal offences
  2. 2 Application of mitigating factors including guilty plea, rehabilitation and remorse
  3. 3 Consideration of special circumstances and risk of crushing sentence

Ratio Decidendi

An aggregate sentence of imprisonment is appropriate, taking into account mitigating factors, objective seriousness, special circumstances, and principles of totality, accumulation and concurrency. A non-crushing sentence promotes rehabilitation and supervision, recognising the offender's personal circumstances.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • The offender is convicted of each offence.
  • Aggregate sentence of imprisonment of 6 years, 6 months, commencing on 1 November 2017 and expiring on 30 April 2024.