R v Irwin, Dean [No.1]

The defendant, Dean Irwin, was before the court on two charges related to aggravated break and enter. The first charge related to an offence committed in 2008, while the second charge related to a more recent offence in 2009. Irwin was also subject to a successful application for bail under section 11 of the Bail Act, and was subject to a suspended sentence for an earlier offence. The court was required to determine an appropriate sentence for these offences, taking into account the circumstances of the case and the relevant sentencing principles.

The court considered the nature and circumstances of the offences, as well as the defendant's criminal history and background. It was noted that the offences involved significant breaches of security and were committed with intent to steal, causing harm or damage. The court also considered the fact that the defendant had successfully completed his bail conditions and had not reoffended during that time. In addition, the court took into account the fact that the defendant had previously been subject to a suspended sentence, and that he had not breached those conditions.

After considering the relevant factors, the court determined that an appropriate sentence for these offences would be a term of imprisonment of 2 years, to be suspended pursuant to section 12 of the Crimes (Sentencing Procedure) Act. The court noted that this sentence reflected the seriousness of the offences, while also taking into account the defendant's successful completion of bail and his previous good conduct. The court also noted that this sentence provided an opportunity for the defendant to reintegrate into the community and to address any underlying issues that may have contributed to his offending behaviour.

The court's final orders were that the defendant be sentenced to 2 years imprisonment, suspended pursuant to section 12 of the Crimes (Sentencing Procedure) Act, for both of the offences. The court also noted that this sentence was to run concurrently with any other sentences the defendant may be serving. The defendant was advised of his rights to appeal the sentence, and was warned of the potential consequences of any future offending behaviour.