R v Lodge [2018] NSWDC 199

R v Lodge [2018] NSWDC 199

Because the offender committed a serious aggravated break enter and commit serious indictable offence amounting to a home invasion, involving violence, the presence of occupants including a child, and circumstances that required a custodial sentence, but had pleaded guilty early and demonstrated some rehabilitation during the s 11 adjournment, the Court referred him for assessment as to suitability to serve the likely sentence by means of an Intensive Corrections Order.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Criminal Sentence / At Completion of S 11 Bond; Referral for Assessment as to Suitability to Serve Sentence by Means of an Intensive Corrections Order
Outcome
The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'home Invasion' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'intensive Corrections Order' 's 11 Remand']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'home Invasion' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'intensive Corrections Order' 's 11 Remand']

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Procedural Posture

Criminal Sentence / At Completion of S 11 Bond; Referral for Assessment as to Suitability to Serve Sentence by Means of an Intensive Corrections Order

Legal Issues

  1. 1 ['Whether a custodial sentence was required for aggravated break enter and commit a serious indictable offence in circumstances where people were inside the premises.' 'Whether the offender should be assessed for suitability to serve the sentence by means of an Intensive Corrections Order after the s 11 adjournment.' "How the offender's guilty plea, rehabilitation efforts, intoxication, criminal history, and seriousness of the offence affected sentence."]

Ratio Decidendi

Because the offender committed a serious aggravated break enter and commit serious indictable offence amounting to a home invasion, involving violence, the presence of occupants including a child, and circumstances that required a custodial sentence, but had pleaded guilty early and demonstrated some rehabilitation during the s 11 adjournment, the Court referred him for assessment as to suitability to serve the likely sentence by means of an Intensive Corrections Order.

Court Disposition

The offender was referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'The matter is listed on 31 August 2018.']