R v Jones [2019] NSWDC 914

R v Jones [2019] NSWDC 914

The offending was well below the middle range of objective seriousness because the serious indictable offence was a short, one-off intimidation, the offender's participation was less morally culpable than the co-offender's, she intervened to stop further assault, there was no evidence of injury, and the conduct was unplanned. The offender's cognitive and psychological disability was causally connected to the offending and reduced moral culpability and the weight of general deterrence. However, the s 5 custody threshold was crossed, so a 12 month term of imprisonment was imposed and ordered to be served by way of an Intensive Correction Order with community service.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 12 months to be served by way of an Intensive Correction Order with an additional condition to perform 50 hours community service.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence in Company' 'intimidation' 'intensive Correction Order' 'cognitive Disability and Sentencing' 'objective Seriousness' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence in Company' 'intimidation' 'intensive Correction Order' 'cognitive Disability and Sentencing' 'objective Seriousness' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence contrary to s 112(2), Crimes Act 1900 involving aggravated breaking and entering and committing the serious indictable offence of intimidation in company.' "Whether the offender's cognitive and psychological conditions arising from a motor vehicle accident reduced moral culpability and the weight to be given to general deterrence." 'Whether the offending was below the middle range of objective seriousness for an offence carrying a standard non-parole period.' 'Whether the sentence should be served by way of an Intensive Correction Order rather than another community-based order or full-time custody.']

Ratio Decidendi

The offending was well below the middle range of objective seriousness because the serious indictable offence was a short, one-off intimidation, the offender's participation was less morally culpable than the co-offender's, she intervened to stop further assault, there was no evidence of injury, and the conduct was unplanned. The offender's cognitive and psychological disability was causally connected to the offending and reduced moral culpability and the weight of general deterrence. However, the s 5 custody threshold was crossed, so a 12 month term of imprisonment was imposed and ordered to be served by way of an Intensive Correction Order with community service.

Court Disposition

Convicted and sentenced to imprisonment for 12 months to be served by way of an Intensive Correction Order with an additional condition to perform 50 hours community service.

Orders

  • ['In respect of the offence to which the offender pleaded guilty, she is convicted.' 'The offender is sentenced to a term of imprisonment for a period of 12 months.' 'Pursuant to s 7(1) Crimes (Sentencing Procedure) Act, the sentence is to be served by way of Intensive Correction Order.' 'The sentence will commence...