R v WRIGHT [2019] NSWDC 544

R v WRIGHT [2019] NSWDC 544

Given the jury verdicts of guilty for aggravated break/enter with intent, choking with intent, and indecent assault; the overlap and integrated episode of offending; and factors such as the offender's criminal history, substance abuse, partial rehabilitation prospects, and family support, an aggregate sentence is appropriate reflecting the separate but related criminality; special circumstances found for parole calculation.

Parties
Prosecution: Regina; Defendant: Wade Benjamin WRIGHT
Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Criminal / Sentencing After Jury Verdicts of Guilty
Outcome
Convicted and sentenced to aggregate imprisonment; recommended parole at non-parole expiration.
Legal Topics
Sexual Offences, Indecent Assault, Property Offences, Break and Enter With Intent, Violent Offences, Choking, Sentencing, Aggregate Sentences, Relevant Sentencing Factors
Criminal Law Sexual Offences Indecent Assault Property Offences Break and Enter With Intent Violent Offences Choking Sentencing +2 more

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Parties

Regina

Prosecution

Wade Benjamin WRIGHT

Defendant

Procedural Posture

Criminal / Sentencing After Jury Verdicts of Guilty

Legal Issues

  1. 1 Appropriate sentence for aggravated break and enter with intent to commit indictable offence
  2. 2 Appropriate sentence for choking with intent to commit indictable offence
  3. 3 Appropriate sentence for indecent assault

Ratio Decidendi

Given the jury verdicts of guilty for aggravated break/enter with intent, choking with intent, and indecent assault; the overlap and integrated episode of offending; and factors such as the offender's criminal history, substance abuse, partial rehabilitation prospects, and family support, an aggregate sentence is appropriate reflecting the separate but related criminality; special circumstances found for parole calculation.

Court Disposition

Convicted and sentenced to aggregate imprisonment; recommended parole at non-parole expiration.

Orders

  • Convicted of all three offences as found guilty by jury.
  • Aggregate sentence imposed under s 53A Crimes (Sentencing Procedure) Act 1999.