R v Rycroft [2024] NSWDC 505

District Court New South Wales

Medium Neutral Citation: R v Rycroft [2024] NSWDC 505 Hearing dates: 27 October 2023; 9 November 2023; 14 December 2023; 30 January 2024; 14 June 2024; 26 July 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Criminal Before: Whitford SC DCJ Decision: For all six matters for sentence, the offender is convicted. The aggregate sentence I impose is a sentence of 4 years and 6 months imprisonment commencing from 29 January 2023. I fix a non-parole period of 10 months 14 days commencing from that same date. On the information presently available to the Court the earliest date on which the offender became eligible to be released to parole in respect of the present offending was 12 December 2023. Catchwords: Criminal law – sentence – break and enter – delayed disposition – s 11 bail – long standing drug addiction - special circumstances – considerations informing the fixing of a non-parole period as distinct from the imposition of a head sentence – cross-roads – potential institutionalisation - demonstrated rehabilitation in the community pending disposition of sentence – community protection – public interest in not disturbing rehabilitative progress – substantial variation of statutory ratio – analogy with Commonwealth sentencing jurisprudence – where leniency might lead to or maintain reform Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v R [1990] 169 CLR 525 House v R [1936] HCA 40; 55 CLR 499 PWB v R [2011] NSWCCA 84 R v Lulham [2016] NSWCCA 287 R v Markarian [2005] HCA 25; 228 CLR 357 R v Moon (2000) 117 A Crim R 497 R v Osenkowski (1982) 5 A Crim R 394 Veen [No 2] (1988) 164 CLR 465 Webb v O'Sullivan [1952] SASR 65 Category: Sentence Parties: Rex Stuart Rycroft (Offender) Representation: Solicitors: Mr L Betts – ODPP Mr P Townsend - Offender File Number(s): 2023/30479; 2023/47810