R v Timothy John SCOTT [2008] NSWDC 379

R v Timothy John SCOTT [2008] NSWDC 379

The sentence reflects the serious nature of the offence (aggravated break and enter with assault occasioning actual bodily harm against a security guard), the offender's criminal history, use of a weapon, but also takes into account his mental health, early plea, and exceptional hardship due to wife's illness, resulting in special circumstances for a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Criminal / Sentence
Outcome
custodial sentence imposed
Legal Topics
['aggravated Break and Enter' 'sentence' 'serious Indictable Offence' 'mental Health in Sentencing' 'drug Abuse' 'hardship to Carer']
['criminal Law'] ['aggravated Break and Enter' 'sentence' 'serious Indictable Offence' 'mental Health in Sentencing' 'drug Abuse' 'hardship to Carer']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['appropriate sentence for aggravated break and enter and assault occasioning actual bodily harm' 'relevance of mental health, drug abuse, and personal hardship to sentencing' 'whether special circumstances exist to alter non-parole period ratio']

Ratio Decidendi

The sentence reflects the serious nature of the offence (aggravated break and enter with assault occasioning actual bodily harm against a security guard), the offender's criminal history, use of a weapon, but also takes into account his mental health, early plea, and exceptional hardship due to wife's illness, resulting in special circumstances for a reduced non-parole period.

Court Disposition

custodial sentence imposed

Orders

  • ['Non-parole period of two years from 1 January 2009 to 31 December 2010' 'Balance of term of two years from 1 January 2011 to 31 December 2012' 'Recommendation to Parole Authority to consider conditions from pre-sentence and Justice Health reports' 'Dismissal of back-up offence of assault occasioning actual bodily...