HG was charged with ‘Break & Enter Dwelling-house or building commit serious indictable offence (steal)”, contrary to section 112(1)(a). This offence carries a maximum penalty of 14 years imprisonment.
HG instructed James Castillo to negotiate a plea offer. James successfully negotiated a plea to a reduced charge of “Steal in dwelling-house” which only carries a maximum penalty of 7 years imprisonment.
Prior to being granted bail, HG spent about 5 months in custody. At Sentence, James made oral submissions seeking the court to impose an imprisonment sentence of time served. The Sentencing Magistrate accepted the submissions. He essentially imposed a sentence of time served, after finding special circumstances that warranted the adjustment of the ratio of the non-parole period to 50%.
This was particularly a pleasing result, given HG’s extensive criminal history.