R v Fell [2023] NSWDC 353

R v Fell [2023] NSWDC 353

Although imprisonment was the only appropriate sentence, the offender's moral culpability was significantly reduced by his deprived background, mental condition and substance abuse, and he had shown remorse, made admissions, pleaded guilty early, engaged with treatment and had stable accommodation. An aggregate term of 3 years was appropriate, reduced by 7 months for pre-sentence custody, and community safety would be best achieved by rehabilitation under supervision through an Intensive Corrections Order rather than return to prison.

Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas in the Local Court
Outcome
Graham Ronald Fell was convicted and sentenced to an aggregate term of imprisonment of 2 years and 5 months to be served by way of an Intensive Corrections Order.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'larceny' 'dishonestly Obtain Property by Deception' 'intensive Correction Order' 'pre Sentence Custody' 'mental Health and Substance Use in Sentencing']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'larceny' 'dishonestly Obtain Property by Deception' 'intensive Correction Order' 'pre Sentence Custody' 'mental Health and Substance Use in Sentencing']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated break and enter and commit serious indictable offence and dishonestly obtaining property by deception.' 'Whether the aggregate sentence of imprisonment should be served by way of an Intensive Corrections Order.' "How the offender's deprived background, mental condition, substance use, remorse, criminal history, plea of guilty and pre-sentence custody should affect sentence."]

Ratio Decidendi

Although imprisonment was the only appropriate sentence, the offender's moral culpability was significantly reduced by his deprived background, mental condition and substance abuse, and he had shown remorse, made admissions, pleaded guilty early, engaged with treatment and had stable accommodation. An aggregate term of 3 years was appropriate, reduced by 7 months for pre-sentence custody, and community safety would be best achieved by rehabilitation under supervision through an Intensive Corrections Order rather than return to prison.

Court Disposition

Graham Ronald Fell was convicted and sentenced to an aggregate term of imprisonment of 2 years and 5 months to be served by way of an Intensive Corrections Order.

Orders

  • ['Graham Ronald Fell is convicted.' 'The appropriate aggregate term of imprisonment is 3 years, reduced by 7 months to take into account pre-sentence custody.' 'An aggregate term of imprisonment of 2 years and 5 months is imposed.' 'Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence is to be...