The Court of Appeal held that the sentencing judge did not err in concluding that the seriousness of two aggravated burglaries committed by a 20-year-old — including striking a sleeping victim to the head, committed 17 days into a CCO for like offending — warranted a term of imprisonment with a non-parole period rather than a combination sentence, notwithstanding the offender's youth. The Court confirmed that the DPP v Meyers considerations for aggravated burglary are not a necessarily determinative checklist of objective gravity, and that a prosecution concession that a combination sentence was 'within range' does not bind the sentencing judge. The total effective sentence of 6 years with a non-parole period of 3 years 10 months was held to be within the available range.
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