R v AULD, Darryl [2017] NSWDC 316

R v AULD, Darryl [2017] NSWDC 316

The offending required imprisonment because of its character and the offender's criminal history, but its objective seriousness was below the middle range because the serious indictable offence was intimidation, the offender did not break in with the proved purpose of intimidating the named victim, the conduct was not planned in any substantial way, and the knife was a domestic-type weapon. Given the early guilty plea, remorse, admissions, employment prospects, supervision suitability, and possible rehabilitation, the Court referred the offender for assessment for an Intensive Correction Order rather than immediately imposing full-time custody.

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty; Referral for Intensive Correction Order Assessment
Outcome
Offender convicted and referred to Community Corrections for assessment of suitability for an Intensive Correction Order; bail continued and matter adjourned.
Legal Topics
['aggravated Break and Enter and Committing Serious Indictable Offence' 'intimidation' 'standard Non Parole Period' 'plea of Guilty Discount' 'intensive Correction Order Assessment' 'alcohol Related Offending']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Committing Serious Indictable Offence' 'intimidation' 'standard Non Parole Period' 'plea of Guilty Discount' 'intensive Correction Order Assessment' 'alcohol Related Offending']

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty; Referral for Intensive Correction Order Assessment

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated breaking, entering and committing the serious indictable offence of intimidation while armed with a 21 centimetre serrated steak knife.' 'Whether the objective seriousness of the offending was within or below the middle range of objective seriousness for an offence with a standard non-parole period.' 'Whether no penalty other than imprisonment was appropriate under s 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the offender should be referred for assessment of suitability to serve a sentence by way of an Intensive Correction Order.']

Ratio Decidendi

The offending required imprisonment because of its character and the offender's criminal history, but its objective seriousness was below the middle range because the serious indictable offence was intimidation, the offender did not break in with the proved purpose of intimidating the named victim, the conduct was not planned in any substantial way, and the knife was a domestic-type weapon. Given the early guilty plea, remorse, admissions, employment prospects, supervision suitability, and possible rehabilitation, the Court referred the offender for assessment for an Intensive Correction Order rather than immediately imposing full-time custody.

Court Disposition

Offender convicted and referred to Community Corrections for assessment of suitability for an Intensive Correction Order; bail continued and matter adjourned.

Orders

  • ['The offender is convicted.' 'The Court is satisfied under s 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) that no penalty other than imprisonment is appropriate and that the sentence of imprisonment will be for a period of no more than two years.' 'The offender is referred for assessment as to...