R v Ivers
Case
•
[2019] NSWDC 428
•02 August 2019
Details
AGLC
Case
Decision Date
R v Ivers [2019] NSWDC 428
[2019] NSWDC 428
02 August 2019
CaseChat Overview and Summary
The appellant, Ivers, was charged with entering a dwelling house with intent to commit a serious indictable offence in circumstances of aggravation, in company. The case was heard in the Supreme Court of Queensland. The appellant pleaded guilty to the offence, which involved breaking into a house with intent to commit a serious crime while in the company of others, a situation that was deemed aggravated due to the presence of other individuals.
The court needed to determine the appropriate sentence, taking into account the nature of the offence, the circumstances of aggravation, and the appellant's criminal history. Factors such as the breach of parole conditions, previous convictions, and the seriousness of the offence were considered. The court also had to determine if any special circumstances were present that could influence the sentence.
The court found that the aggravating factors, including the breach of parole and the appellant's record of previous convictions, significantly impacted the severity of the sentence. However, special circumstances were identified, which led to a reduction in the sentence. The court imposed a term of imprisonment of 2 years, 7 months, and 6 days, with a non-parole period of 1 year, 9 months, and 15 days. The appellant will be eligible for parole on 3 January 2020.
The court needed to determine the appropriate sentence, taking into account the nature of the offence, the circumstances of aggravation, and the appellant's criminal history. Factors such as the breach of parole conditions, previous convictions, and the seriousness of the offence were considered. The court also had to determine if any special circumstances were present that could influence the sentence.
The court found that the aggravating factors, including the breach of parole and the appellant's record of previous convictions, significantly impacted the severity of the sentence. However, special circumstances were identified, which led to a reduction in the sentence. The court imposed a term of imprisonment of 2 years, 7 months, and 6 days, with a non-parole period of 1 year, 9 months, and 15 days. The appellant will be eligible for parole on 3 January 2020.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentencing
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Breach of Parole
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Record of Previous Convictions
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Citations
R v Ivers [2019] NSWDC 428
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Du Randt v R
[2008] NSWCCA 121
Markarian v The Queen
[2005] HCA 25
Muldrock v The Queen
[2011] HCA 39