Last edited by Bami
Wednesday, August 5, 2020 | History

5 edition of Sentencing for break, enter, and steal in New South Wales found in the catalog.

Sentencing for break, enter, and steal in New South Wales

Potas, I. L.

Sentencing for break, enter, and steal in New South Wales

by Potas, I. L.

  • 150 Want to read
  • 4 Currently reading

Published by Australian Institute of Criminology in Phillip, ACT, Australia .
Written in English

    Places:
  • Australia,
  • New South Wales
    • Subjects:
    • Sentences (Criminal procedure) -- Australia -- New South Wales -- Digests,
    • Burglary -- Australia -- New South Wales -- Digests

    • Edition Notes

      Includes bibliographical references.

      StatementIvan Potas.
      ContributionsAustralian Institute of Criminology.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationiii, 206 p. :
      Number of Pages206
      ID Numbers
      Open LibraryOL2299404M
      ISBN 100642080763
      LC Control Number86171781
      OCLC/WorldCa17545910

      The New South Wales Bar Association stated in its submission to the Attorney General on the consultation draft that in relation to new section 54B(2), whilst it provides that the sentencing court need not set ‘the standard non-parole period as the non-parole period for the offence’ where ‘the court determines that there are reasons for.   His criminal history in New South Wales began in with sentences of imprisonment imposed for break, enter and steal and goods in custody charges on some 17 occasions between then and Some of the delay in having the present matters dealt with is attributable to his serving sentences of imprisonment in New South Wales.

      The District Court of New South Wales is the intermediate court in the states judicial hierarchy. It is the largest trial court in Australia and has an appellate jurisdiction. It hears serious criminal offences, appeals from lower courts and civil proceedings. Described by police as ‘one of the most daring burglars we have had in Sydney for a great number of years’Truth (Sydney), 19 February , Patrick Roach was an inveterate thief and a vicious thug. He was quick with his fists, bashing the drunks he robbed for the cash in their pockets, young constables patrolling the streets, and his long-suffering wife, Edith.

      Submission to the New South Wales Sentencing Council Bail - Additional show cause offences When a person is accused of committing a serious indictable offence while subject to conditional liberty, it demonstrates disregard fora the trust that the placed in them courts 47 break and enter, stealing, receiving or other property-related. Term "stealing" in sections and Receiving stolen property where stealing a serious indictable offence Receiving etc where principal guilty of minor indictable offence A. Receiving etc goods stolen out of New South Wales B. Prosecution under section or where property stolen in course of transmission


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Sentencing for break, enter, and steal in New South Wales by Potas, I. L. Download PDF EPUB FB2

Sentencing Bench Book Break and enter offences [] The statutory scheme [] Break, enter and commit serious indictable Sentencing for break s (1) [] Break, enter and steal: s (1) Guideline judgment [] Totality and break and enter offences [] Summary disposal [] Aggravated and specially aggravated break, enter and commit serious indictable offence.

All Bench Books & Handbooks Research Monographs Education Monographs Sentencing Trends & Issues Educational Videos Annual Reports Criminal Trial Courts Bench Book – Update 63 published Sentencing Trends & Issues No 47 — Navigating the Bail Act.

This publication is concerned with the sentencing of offenders who have pleaded guilty or otherwise have been convicted of break, enter and steal offences. The original paper was presented at a seminar on burglary at the Queensland Institute of Technology in Brisbane on 26 June In this presentation, however, there is added an appendix containing summaries of New South Wales Court.

There is no definition of “breaking” in the Crimes Stanford v R () 70 NSWLRthe court held that there is no “breaking” involved in further opening an already opened window: at [38]; see also R v Galea () 46 A Crim R at However, to open a closed but unlocked door could amount to “breaking” for the purposes of s Crimes Act since the definition.

This publication is concerned with the sentencing of offenders who have pleaded guilty or otherwise have been convicted of break, enter and steal offences. The original paper was presented at a seminar on burglary at the Queensland Institute of Technology in Brisbane on 26 June [] Sentencing guidelines [] Correction and adjustment of sentences [] Children (Criminal Proceedings) Act [] Crimes Act (Cth) — sentencing Commonwealth offenders [] Particular offences, appeals and other Acts [] Particular offences [] Break and enter offences [] Sexual offences against.

Sentencing is a vitally important part of the administration of criminal justice in Australia. This work is a detailed analysis of the sentencing decisions of the New South Wales Court of Criminal Appeal between and It views robbery and armed robbery decisions coming to the notice of the Court and provides statistical data and other information.

The sentencing guideline. Due to the large number of break, enter and steal crimes prosecuted in NSW, the Court of Criminal Appeal justices presiding over ’s R versus Ponfield established a sentencing guideline that outlines a number of considerations that impact the seriousness of the offence.

[] Break and enter offences [] The statutory scheme [] Break, enter and commit serious indictable offence: s (1) [] Break, enter and steal: s (1) [] Totality and break and enter offences [] Summary disposal [] Aggravated and specially aggravated break, enter and commit serious indictable offence [] The standard non-parole period provisions.

Get this from a library. Sentencing for break, enter, and steal in New South Wales. [I L Potas; Australian Institute of Criminology.].

There are a range of break and enter offences contained within the Crimes Act, each of which carries a different penalty. Perhaps the most commonly prosecuted offence is that of ‘break, enter and commit a serious indictable offence,’ under s of the Crimes Act, which covers the offence of ‘break, enter and steal.’.

One of our Senior Lawyers obtained a section 10 (no conviction) for a highly-publicised ‘aggravated break, enter and steal’ case heard at the Downing Centre District Court. After a night out with some friends, our client, a year-old man, was hanging out outside a clothing store with three other friends.

An Analysis of New South Wales Sentencing Statistics and Related issues: Published by the Judicial Commission of New South Wales:. 10 This was followed in by three guideline judgments relating, respectively, to the offences of armed robbery, 11 break enter and steal, 12 and drug importation.

13 In October Robbery is the most serious of the stealing offences in New South Wales. It is the stealing of any personal property or money (or attempting to steal) from a person.

It also includes assaulting them with the intention of robbing them. It isn’t necessary that the item stolen is physically on the person, it may be in their immediate vicinity. Cite article Potas I Sentencing drug offenders in N.S.W.: Containing both statistical and summary case data relating to the sentencing of drug offenders in the higher criminal courts of New South Wales.

In recent years, and especially in the last decade, there has been an increasing awareness of the problems involved in sentencing an offender, and greater concern for his treatment and rehabilitation. This has been fostered by and perhaps is largely due to the studies and reports of those engaged in the field of criminology, which now finds an increasing place in our Law Schools.

The Judge then imposes a single sentence for all of the offences (ie for the armed robbery, assault, affray + the minor thefts & break enter & steals).

This procedure saves the offender from the uncertainty, stress and anxiety of a future prosecution, thereby letting him or her ‘get on with life’.

Sentencing bench book / Judicial Commission of New South Wales Sentencing: information package Sentencing for alcohol-related violence / NSW Sentencing Council. A man will appear before court today on charges relating to break, enter and steal offences in the state’s Central West.

Police attached to Central West Police District commenced an investigation into a number of residential break, enter and steal, and steal from motor vehicle offences in the Orange and Coonamble areas between March and June Recently, the New South Wales government proposed changes to the forum sentencing program in response to a study which found that it had no significant impact in reducing criminal behaviour.

The changes have already taken effect in some courts and will take effect in all courts from 25 July. From 1 Junethe Stage One COVID restrictions in New South Wales will be relaxed. The restrictions have been in place since May and were imposed under orders by the Health Minister under the New South Wales Public Health Act The changes coming in on 1 June are the second stage in a three-sep plan.

A woman who broke in to a house and stole items in company has received a prison sentence.   Bridgette Anne Davies, 44, of Goulburn, pleaded guilty to aggravated break and enter .Assault Charges in New South Wales.

Assault charges are differentiated by a number of factors, including whether the alleged act was undertaken ‘recklessly’ or ‘intentionally’, and the extent of injury (if any) caused. Common Assault.