R v Bonifasous REUTER [2012] NSWDC 178

District Court New South Wales

Medium Neutral Citation: R v Bonifasous REUTER [2012] NSWDC 178 Decision date: 15 February 2012 Before: Cogswell SC DCJ Decision: For two offences of aggravated break, enter and steal - 2 fixed term sentences of 18 months imprisonment. For armed robbery - 3 ½ years imprisonment. Aggravated break, enter and steal sentences concurrent with armed robbery sentence. Effective overall sentence - 3 ½ years. Fix a non-parole period - 1 year and 9 months. Catchwords: CRIMINAL LAW - Sentence - relevant factors - prior criminality - no criminal record - unlikely to re-offend due to family support, employment and no drug or alcohol problems - response to charges - early plea of guilty - profound remorse - nature and circumstances of offender - good character - strong work ethic - parity - co-offender had significant criminal record and committed offence whilst on conditional liberty - non-parole period - special circumstances - young, first time in custody, need for continuing family support in rehabilitation - purpose of sentence - protection of community - victim impact statement - sentencing guideline - Henry factors. Legislation Cited: Crimes Act 1900, s 97(1) and s 112(2) Crimes (Sentencing Procedure) Act 1999, s 32 Cases Cited: Muldrock v The Queen (2011) 85 ALRJ 1154; [2011] HCA 39 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Category: Sentence Parties: Regina (Crown) Bonifasous REUTER (Offender) Representation: Solicitor: Director of Public Prosecutions (Crown) I Bruce (Offender) File Number(s): DC 2010/409886