Police v Barlow [2014] NSWLC 1

Police v Barlow [2014] NSWLC 1

Given the objective seriousness of the offence (above mid-range affray), the need for general deterrence due to the prevalence of alcohol-fuelled violence, and the offender's escalation and ongoing aggression, a full-time custodial sentence is necessary and an Intensive Correction Order is not appropriate. Special circumstances exist (youth and need for rehabilitation) justifying a reduced non-parole period.

Parties
Offender: Corey Barlow; Police
Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and sentenced to 20 months' imprisonment with a non-parole period of 9 months. Eligible for parole on 12 November 2014. The balance of 11 months to be served under supervised parole and mandatory completion of Drug and Alcohol rehabilitation programmes.
Legal Topics
Affray, Sentencing, Alcohol Related Violence, Intensive Correction Order, General Deterrence, Special Circumstances
Criminal Law Affray Sentencing Alcohol Related Violence Intensive Correction Order General Deterrence Special Circumstances

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Parties

Corey Barlow

Offender

Police

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender convicted of affray above the middle range of seriousness?
  2. 2 Is an Intensive Correction Order (ICO) an appropriate alternative to immediate imprisonment in this case?
  3. 3 Are there special circumstances to justify a different non-parole period under s 44 of the Sentencing Act?

Ratio Decidendi

Given the objective seriousness of the offence (above mid-range affray), the need for general deterrence due to the prevalence of alcohol-fuelled violence, and the offender's escalation and ongoing aggression, a full-time custodial sentence is necessary and an Intensive Correction Order is not appropriate. Special circumstances exist (youth and need for rehabilitation) justifying a reduced non-parole period.

Court Disposition

The offender is convicted and sentenced to 20 months' imprisonment with a non-parole period of 9 months. Eligible for parole on 12 November 2014. The balance of 11 months to be served under supervised parole and mandatory completion of Drug and Alcohol rehabilitation programmes.

Orders

  • The offender is convicted and sentenced to imprisonment for a minimum period of 9 months commencing 13 February 2014.
  • Eligible for parole on 12 November 2014.