NSW Caselaw
New South Wales District Court
CITATION: R v YOUNG, Nathaniel [2008] NSWDC 338
JUDGMENT DATE: 13 November 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted. Non-parole period of 2½ years to date from the 29th November 2007 and expiring on the 28th of May 2010, balance of term 2 years to expire on the 28th of May 2012
CATCHWORDS: Criminal Law - sentencing - aggravated break and enter and commit corporal violence - standard non parole period offence - impact of absence of resources in rural NSW upon sentencing options commented on - offender disturbed by occupants in course of burgulary - during escape attempts punches thrown and injury occasioned - severe abrasions amounting to degloving occasioned to one occupant - elderly victim - money, watch and phone taken - damage to window occurs during escape - offender seeking money for drug purchases - substantial list of break and enters on criminal history - 25 year old Aboriginal male - disrupted childhood - limited family support - illiterate innumerate - much of adult life lived in custody - drug abuse disorder - high recidivist risk - plea of guilty - standard non parole period not appropriate - finding of special circumstances.
LEGISLATION CITED: Crimes Act Crimes (Sentencing Procedure) Act 1999
R v Gladue (1999) 1SCR 688 [80] R v Cuthbert (1967) 2 NSWR 329 R v Rushby (1977) NSWLR 597 CASES CITED: R v Hayes [1984] 1 NSWLR 740) R v Ponfield (1999) 48 NSWLR [327] R v Huynh [2005] NSWCCA 220 R v Hearne (2007) 124 AcrR 457 Thomson and Houlton (2000) 49 NSWLR 383
PARTIES: Regina Nathaniel Robert Young
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