R v Jebara

The appellant, Jebara, was convicted of break and enter with intent to commit a serious indictable offence, and of entering a dwelling-house with intent to commit a serious indictable offence. The facts were not in dispute. The appellant had a history of stalking and intimidation towards the victim, and had broken into the victim's home with intent to commit a serious indictable offence. The appellant was sentenced to an aggregate sentence of imprisonment of 4 years, with a non-parole period of 2 years and 6 months. The appellant appealed against sentence.

The legal issue before the court was whether the sentence was manifestly excessive. The court noted that the appellant had a history of stalking and intimidation towards the victim, and that the break and enter offence was an aggravated form of burglary. The court also noted that the appellant had pleaded guilty, which was a mitigating factor. The court further noted that the appellant had a drug addiction, which was a special circumstance that could be taken into account when sentencing.

The court held that the sentence was not manifestly excessive. The court noted that the appellant's history of stalking and intimidation towards the victim was a significant aggravating factor, and that the break and enter offence was an aggravated form of burglary. However, the court also noted that the appellant had pleaded guilty, which was a mitigating factor. The court further noted that the appellant's drug addiction was a special circumstance that could be taken into account when sentencing. The court held that the sentence was appropriate in all the circumstances.

The court dismissed the appeal against sentence. The original sentence of imprisonment of 4 years, with a non-parole period of 2 years and 6 months, was upheld.