October 12, 2018

Backdated Sentence for Client charged with 3 x Break and Enter – SJ

We represented SJ in his sentencing hearing after he was charged with 3 break and enter offences and possessing a prohibited drug.

SJ and the co-accused approached a fire door of a property in a large unit complex. The co-accused used physical force on the door handle of the fire door. Once access was gained to the property SJ and the co-accused entered the property via the fire door. A few minutes later, police arrived at the location and placed both under arrest.

SJ was charged with 3 break and enter offences and possessing a prohibited drug. We negotiated with the police on SJ’s behalf to get the 2 break and enter and possess prohibited drug charges withdrawn in return for SJ pleading guilty to break and enter (aggravated) with intent to steal. During the client’s sentencing hearing, the Magistrate dealt with the issue of parity. The Magistrate considered the defence’s submission that SJ should receive an equivalent sentence to the co-accused who had been sentenced to a time in custody that the client had already served.

The Magistrate accepted this submission and backdated the sentence, meaning that he had already served his time and was eligible for release from the date the sentence was imposed.

If you have been charged with break and enter, speak to one of our criminal defence lawyers for advice on your legal options. Call us on (02) 9261 4281.