R v Shayne HUBBARD [2011] NSWDC 166

R v Shayne HUBBARD [2011] NSWDC 166

Given the seriousness and circumstances of the offences, but taking into account Mr Hubbard's guilty plea, contrition, special family circumstances, rehabilitation prospects, and the likely hardship on his children, a sentence of full-time custody was appropriate, but a significant reduction in the non-parole period was warranted.

Jurisdiction
Australia
Judgment Date
31 March 2011
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentence with parole eligibility; special circumstances found
Legal Topics
['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm in Company' 'plea of Guilty' 'sentencing' 'victim Impact Statements' 'special Circumstances' 'parole']
['criminal Law'] ['aggravated Break and Enter' 'assault Occasioning Actual Bodily Harm in Company' 'plea of Guilty' 'sentencing' 'victim Impact Statements' 'special Circumstances' 'parole']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for aggravated break and enter and inflict actual bodily harm and for assault occasioning actual bodily harm in company, given the circumstances and special factors affecting Mr Hubbard and his family?' 'Whether special circumstances exist justifying a reduction in the non-parole period.']

Ratio Decidendi

Given the seriousness and circumstances of the offences, but taking into account Mr Hubbard's guilty plea, contrition, special family circumstances, rehabilitation prospects, and the likely hardship on his children, a sentence of full-time custody was appropriate, but a significant reduction in the non-parole period was warranted.

Court Disposition

custodial sentence with parole eligibility; special circumstances found

Orders

  • ['For assault occasioning actual bodily harm in company: 6 months imprisonment, commencing 31 March 2011 and expiring 30 September 2011.' 'For aggravated break and enter and inflict actual bodily harm: 3 years imprisonment from 30 April 2011 to 29 April 2014; non-parole period of 7 months and 25 days from 30 April...