CITATION: R v Tariq McDonald [2009] NSWDC 330
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 25 September 2009
JUDGMENT DATE:
25 September 2009JURISDICTION: District Court Criminal JUDGMENT OF: Knox SC DCJ DECISION: On count 1, the offender is sentenced to a non-parole period of 12 months imprisonment commencing on 20 March 2011 and expiring on 20 March 2012.
On count 2, the offender is sentenced to a non-parole period of 3 years and 4 months imprisonment commencing on 20 November 2007 and expiring on 19 March 2011 with an additional term of 2 years and 8 months (expiring on 19 November 2013).
On courts 3 and 4, the offender is sentenced to a fixed term of 12 months imprisonment commencing on 20 November 2007 and expiring on 19 November 2008.
The sentences on counts 2, 3 and 4 are to be served concurrently.
The sentences reflect a finding of special circumstances of the order of 72%.
The offender is to be released to parole on 20 March 2012.CATCHWORDS: ATM shopping centre - Aggravated break and enter - Planning involved - Principles to be applied LEGISLATION CITED: Crimes Act 1900 CASES CITED: R v Anderson [2004] NSWCCA 39
R v BB [2005] NSWCCA 215
R v Ceissman [2004] NSWCCA 466
R v Chen [2004] NSWCCA 369
R v Crowe [2002] NSWCCA 245
R v Dodd [2004] NSWCCA 374
R v Douglas [2006] NSWCCA 94
R v Huynh [2005] NSWCCA 220
R v Roberts [2005] NSWCCA 401
R v Warren [2003] NSWCCA 366
Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465PARTIES: The Crown
Mr Tariq McDonaldFILE NUMBER(S): DC 2008/16100 COUNSEL: Ms Davis - Crown
Mr Brewer - OffenderSOLICITORS: NSW DPP
SENTENCE
1 HIS HONOUR: The offender, Tariq McDonald, appears for sentence on four matters. I am informed that this is the fourth occasion that the matter has come before the court and that it has not been dealt with on three previous occasions. So I propose that this matter be dealt with in the course of the remaining list of matters. There have been some matters interposed during the course of these proceedings but I will deal with these remarks on an ex tempera basis and I will ask for these comments to be taken out by the Court Reporting Service so that there can be no issue about what has been said.
Counts
2 The four counts on which the offender appears for sentence are firstly, a charge of taking and driving a conveyance contrary to s 154A(1)(a) of the Crimes Act. That offence is subject to a maximum penalty of five years imprisonment. The offence relates to an event of essentially car stealing which occurred on 11 September 2007 at Merrylands. There are then three offences charged; count two, the aggravated break and enter and committing a serious indictable offence charge brought under s 112(2) of…
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- R v Tariq McDonald [2009] NSWDC 330
- Case
- [2009] NSWDC 330
- Decision Date
CaseChat Overview and Summary
The court considered the severity and planning of the offences, as well as the defendant's criminal history and the need for deterrence and rehabilitation. The sentencing principles applied included the need to ensure just punishment and to protect the community. The court found that the defendant's actions warranted significant penalties due to the aggravating factors and the need to deter similar conduct. After evaluating the circumstances, the court determined that the sentences should reflect a substantial discount for the special circumstances, amounting to 72%.
The court sentenced the defendant to a non-parole period of 12 months for the first count, and for the subsequent counts, a non-parole period of 3 years and 4 months for count 2, and a fixed term of 12 months for counts 3 and 4, to be served concurrently. The sentences were structured to commence and expire on specific dates, with the offender to be released to parole on 20 March 2012. The overall sentence reflected the court's consideration of the aggravating factors, the need for punishment, and the principles of sentencing for aggravated break and enter offences.
Orders
Orders of the court
On count 1, the offender is sentenced to a non-parole period of 12 months imprisonment commencing on 20 March 2011 and expiring on 20 March 2012.
On count 2, the offender is sentenced to a non-parole period of 3 years and 4 months imprisonment commencing on 20 November 2007 and expiring on 19 March 2011 with an additional term of 2 years and 8 months (expiring on 19 November 2013).
On courts 3 and 4, the offender is sentenced to a fixed term of 12 months imprisonment commencing on 20 November 2007 and expiring on 19 November 2008.
The sentences on counts 2, 3 and 4 are to be served concurrently.
The sentences reflect a finding of special circumstances of the order of 72%.
The offender is to be released to parole on 20 March 2012.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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