R v James [2021] NSWDC 746

R v James [2021] NSWDC 746

The offence was towards the mid-range of objective seriousness and was aggravated by being committed in the victims' home, the offender's prior convictions, and substantial emotional harm, but the offender did not know in advance that Brown had a baton, did not speak to the victims, and the offending was impulsive, unsophisticated and short. Taking into account the Form 1 matter, the 10% guilty plea discount, custody and quasi custody already served, parity with Lucky Anthony, reduced moral culpability from disadvantage, and the offender's reasonable rehabilitation prospects and lack of present community safety risk, a sentence of 18 months imprisonment served by intensive correction...

Jurisdiction
Australia
Judgment Date
25 August 2021
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
The offender was convicted and sentenced to 18 months imprisonment to be served by way of an intensive correction order; for the possess prohibited drug matter on the s 166 certificate, he was convicted with no further penalty.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'intimidation in Company' 'form 1 Offences' 'intensive Correction Orders' 'aggravating Factors' 'mitigating Factors' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'joint Criminal Enterprise' 'parity With Co Offenders']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'intimidation in Company' 'form 1 Offences' 'intensive Correction Orders' 'aggravating Factors' 'mitigating Factors' 'aboriginal Offenders' 'drug Addiction' 'mental Illness' 'joint Criminal Enterprise' 'parity With Co Offenders']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit a serious indictable offence, namely intimidation in company, contrary to s 112(2) of the Crimes Act 1900.' 'How the Form 1 offence of intimidation should be taken into account on sentence.' "Whether aggravating factors, including offending in the victims' home, prior convictions and substantial emotional harm, affected the objective seriousness of the offending." 'How mitigating and subjective factors, including the guilty plea, remorse, rehabilitation prospects, Aboriginal background, mental health issues, drug and alcohol issues, time in custody and quasi custody, affected sentence.' 'Whether parity with co-offender Lucky Anthony affected the sentence.' 'Whether the term of imprisonment should be served by way of an intensive correction order.']

Ratio Decidendi

The offence was towards the mid-range of objective seriousness and was aggravated by being committed in the victims' home, the offender's prior convictions, and substantial emotional harm, but the offender did not know in advance that Brown had a baton, did not speak to the victims, and the offending was impulsive, unsophisticated and short. Taking into account the Form 1 matter, the 10% guilty plea discount, custody and quasi custody already served, parity with Lucky Anthony, reduced moral culpability from disadvantage, and the offender's reasonable rehabilitation prospects and lack of present community safety risk, a sentence of 18 months imprisonment served by intensive correction...

Court Disposition

The offender was convicted and sentenced to 18 months imprisonment to be served by way of an intensive correction order; for the possess prohibited drug matter on the s 166 certificate, he was convicted with no further penalty.

Orders

  • ['The offender is convicted of the principal offence.' 'Taking into account the Form 1 matter and the 10% discount for the plea of guilty, a sentence of imprisonment of 18 months is imposed.' 'Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence is to be served by way of an intensive...