Event and Time
Event Description
In October 2020, Mr. Glinski committed aggravated burglary and recklessly caused injury towards his former partner, Faye Anderson, and her new partner, Josh Bridges. In August 2022, he pleaded guilty to these offences and was sentenced to 20 months' imprisonment followed by a two-year Community Corrections Order (CCO). Following his release, he breached the CCO through various offences, including serious offences against a person, and was subsequently taken back into custody. The court is now tasked with sentencing him for the violation of the CCO, re-sentencing on prior charges, and sentencing for new offences committed in December 2022.
Application and Claims
- The offence summary indicates a pattern of criminal conduct, coupled with non-compliance with previously imposed community supervision.
- Mr. Glinski's background includes drug problems and a history of instability, influencing his ability to adhere to a CCO.
Judicial Decisions
- The judge reviewed personal circumstances, previous offending, and progress on the CCO before determining a total effective sentence of 60 months' imprisonment with a non-parole period of 42 months.
- The breach of the CCO was noted as contributing to the seriousness of the new offences, but the judge ruled that the breach would only result in a two-month concurrent sentence in addition to the other sentences.
Dispute Points and Legal Basis
Dispute Points
- Defendant's Position:
- Admission of guilt and willingness to comply with the legal proceedings. - Acknowledgment of struggles with drug addiction and unstable living conditions contributing to re-offending. - Raised family support as a mitigating factor.
- Prosecution's Position:
- Asserted that Mr. Glinski demonstrated a pattern of non-compliance and a blatant disregard for the law and previous court orders. - Highlighted that the serious new offences constituted aggravating circumstances.