R v Orcher [2015] NSWDC 347

District Court New South Wales

Medium Neutral Citation: R v Orcher [2015] NSWDC 347 Date of orders: 01 October 2015 Decision date: 01 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: For the offence of aggravated break and enter with intent to steal, a sentence of 3 years imprisonment to commence on 1 July 2015 and expire on 30 June 2018. A non-parole period of 1 year and 10 months is fixed to commence on 1 July 2015 and to expire on 30 April 2017. Form 1 taken into account. Catchwords: CRIMINAL LAW – Sentence – particular offence – aggravated break and enter with intent to steal – break in at service station – relevant factors – gravity of offence – lower end of the range of objective seriousness – limited degree of planning – aggravating factors – in company – vulnerable victim – prior criminality – criminal record despite youth of offender – subject to good behaviour bond at the time offence committed – medium to high risk of reoffending – nature and circumstances of offender – young Indigenous man – 20 years old – problematic drug dependency – Fernando principles – plea of guilty at earliest opportunity – 25% discount – special circumstances for adjusting ratio between head sentence and non-parole period – youth of offender – deprived background – Form 1 taken into account for 3 offences of larceny and damage to property Legislation Cited: Crimes Act 1900 (NSW), s 113(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 32 Cases Cited: R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Regina (Crown) Twayne Orcher (Offender) Representation: Counsel: P Coady (Offender)