R v Irwin, Dean [No.2]
Case
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[2010] NSWDC 266
•17 September 2010
Details
AGLC
Case
Decision Date
R v Irwin, Dean [No.2] [2010] NSWDC 266
[2010] NSWDC 266
17 September 2010
CaseChat Overview and Summary
The matter of R v Irwin, Dean [No.2] was heard in a court of law, where the defendant was convicted of multiple offences including aggravated break and enter with intent, aggravated break and enter commit serious indictable offence, and robbery while armed with an offensive weapon. The defendant was a 20-year-old male with a history of childhood problems, self-disruptive schooling, disrupted employment and apprenticeship history, as well as a serious alcohol and undisclosed drug history. The court was tasked with sentencing the defendant and considering the appropriate sentence in light of the defendant's personal circumstances and the nature of the offences.
The court had to decide the appropriate sentence for the defendant, taking into account his personal history, the seriousness of the offences, and the need for deterrence and rehabilitation. The court also had to consider the defendant's breach of suspended sentence bonds and whether to revoke them. Additionally, the court had to determine whether to refer the defendant to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
The court considered the defendant's personal history, including his childhood problems, disrupted schooling and employment history, and substance abuse issues. The court noted that the defendant had some premeditation in his offences and that the victims were vulnerable. The court also considered the seriousness of the offences, including the fact that the defendant was armed with an offensive weapon during the robbery. The court found that the defendant's personal circumstances did not warrant a lesser sentence and that the offences were serious enough to warrant a significant sentence. The court revoked the defendant's suspended sentence bonds and sentenced him to an 8-month non-parole period for the aggravated break and enter offences and an 18-month non-parole period for the robbery offence. The court also referred the defendant to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
In conclusion, the court sentenced the defendant to a total of 24 months imprisonment, with an 8-month non-parole period for the aggravated break and enter offences and an 18-month non-parole period for the robbery offence. The court also revoked the defendant's suspended sentence bonds and referred him to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
The court had to decide the appropriate sentence for the defendant, taking into account his personal history, the seriousness of the offences, and the need for deterrence and rehabilitation. The court also had to consider the defendant's breach of suspended sentence bonds and whether to revoke them. Additionally, the court had to determine whether to refer the defendant to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
The court considered the defendant's personal history, including his childhood problems, disrupted schooling and employment history, and substance abuse issues. The court noted that the defendant had some premeditation in his offences and that the victims were vulnerable. The court also considered the seriousness of the offences, including the fact that the defendant was armed with an offensive weapon during the robbery. The court found that the defendant's personal circumstances did not warrant a lesser sentence and that the offences were serious enough to warrant a significant sentence. The court revoked the defendant's suspended sentence bonds and sentenced him to an 8-month non-parole period for the aggravated break and enter offences and an 18-month non-parole period for the robbery offence. The court also referred the defendant to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
In conclusion, the court sentenced the defendant to a total of 24 months imprisonment, with an 8-month non-parole period for the aggravated break and enter offences and an 18-month non-parole period for the robbery offence. The court also revoked the defendant's suspended sentence bonds and referred him to the Compulsory Drug Court for inclusion into the Compulsory Drug Treatment Centre.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Robbery
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Sentencing
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Breach of Contract
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Aggravated Break, Enter with Intent
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Mens Rea & Intention
Actions
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Citations
R v Irwin, Dean [No.2] [2010] NSWDC 266
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
R v Hua
[2002] NSWCCA 384
R v Tran
[1999] NSWCCA 109
Morawski v State Rail Authority
[2000] NSWCCA 309