R v Todorovski [2019] NSWDC 541

Given the objective circumstances, limitations of the case material, the offender's personal situation, young age, lack of violent record, and prospects of rehabilitation, a custodial sentence is not required. A Community Corrections Order will adequately address the purposes of sentencing in this case.

Jurisdiction: Australia
Judgment Date: 15 August 2019
Procedural Posture: Criminal / Sentencing
Outcome: Community Corrections Order imposed; custodial sentence not required.
Legal Topics: ['affray' 'sentencing' 'community Corrections Order' 'mitigating Factors' 'guilty Plea']

['criminal Law'] ['affray' 'sentencing' 'community Corrections Order' 'mitigating Factors' 'guilty Plea']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

1 ['What is the appropriate sentence for the offender convicted of affray under s 93C(1) Crimes Act NSW?' 'Should a custodial sentence be imposed or can the interests of justice be served with a non-custodial order?']

Ratio Decidendi

Court Disposition

Community Corrections Order imposed; custodial sentence not required.

Orders

['Pursuant to s 8(1) Crimes (Sentencing Procedure) Act 1999, the offender is ordered to comply with a community correction order for 12 months from 15 August 2019.' 'Subject to supervision by a Community Corrections Officer at Wollongong Community Corrections District Office for the period of the order.' 'The...