R v Steven Paul HAINES [2009] NSWDC 418

R v Steven Paul HAINES [2009] NSWDC 418

The appropriate penalty for this offence, given its seriousness and the fact it was committed while on bail, is two years imprisonment, subject to suspension and the imposition of a good behaviour bond due to the plea of guilty at earliest opportunity and low objective seriousness of the conduct.

Parties
Prosecution: Regina; Defendant: Steven Paul Haines
Jurisdiction
Australia
Judgment Date
18 November 2009
Procedural Posture
Criminal / Sentence
Outcome
Conviction; sentence of two years imprisonment suspended on condition of a two year good behaviour bond.
Legal Topics
Aggravated Break and Enter, Serious Indictable Offence, Sentencing, Suspended Sentence, Good Behaviour Bond, Rehabilitation, Drug Addiction
Criminal Law Aggravated Break and Enter Serious Indictable Offence Sentencing Suspended Sentence Good Behaviour Bond Rehabilitation Drug Addiction

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Parties

Regina

Prosecution

Steven Paul Haines

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for aggravated break and enter and commit serious indictable offence under s 112(2) Crimes Act 1900, considering plea of guilty, criminal history, offence circumstances, and rehabilitation potential?

Ratio Decidendi

The appropriate penalty for this offence, given its seriousness and the fact it was committed while on bail, is two years imprisonment, subject to suspension and the imposition of a good behaviour bond due to the plea of guilty at earliest opportunity and low objective seriousness of the conduct.

Court Disposition

Conviction; sentence of two years imprisonment suspended on condition of a two year good behaviour bond.

Orders

  • Conviction for aggravated break and enter and commit serious indictable offence.
  • Sentence of two years imprisonment imposed.