R v Pead, R v Pead [2014] NSWDC 103

R v Pead, R v Pead [2014] NSWDC 103

Thomas Pead's offending was objectively too serious for a s 9 bond because he forced entry into closed premises and damaged property inside, and the offence ordinarily warranted imprisonment, but given the available sentence length and his circumstances an alternative to full-time custody should be considered by referral for intensive corrections order assessment. Scott Pead's youth, early plea, anxiety and alcohol problems, lesser role and need to demonstrate rehabilitation justified adjourning his sentencing under s 11 of the Crimes (Sentencing Procedure) Act with bail conditions.

Jurisdiction
Australia
Judgment Date
17 April 2014
Procedural Posture
Criminal Sentence / Sentencing Remarks; Thomas Pead Referred for Assessment for an Intensive Corrections Order and Scott Pead Adjourned Under S 11 of the Crimes (sentencing Procedure) Act
Outcome
Thomas Pead was referred for assessment as to his suitability to serve a sentence of imprisonment by means of an intensive corrections order. Scott Pead's matter was adjourned under s 11 of the Crimes (Sentencing Procedure) Act.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'aggravated Break and Enter With Intent to Commit Serious Indictable Offence' 'in Company' 'intentionally Damaging Property' 'stealing' 'self Induced Intoxication' 'parity' 'intensive Corrections Order' 'section 11 Adjournment' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'aggravated Break and Enter With Intent to Commit Serious Indictable Offence' 'in Company' 'intentionally Damaging Property' 'stealing' 'self Induced Intoxication' 'parity' 'intensive Corrections Order' 'section 11 Adjournment' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentence / Sentencing Remarks; Thomas Pead Referred for Assessment for an Intensive Corrections Order and Scott Pead Adjourned Under S 11 of the Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['What sentence should be imposed on Thomas Pead for aggravated break and enter and commit serious indictable offence in company where the serious indictable offence was intentionally damaging property.' 'Whether Thomas Pead should receive a s 9 bond, full-time custody, or an alternative to full-time custody including assessment for an intensive corrections order.' 'What sentencing course should be adopted for Scott Pead for aggravated break and enter with intent to commit stealing in company.' 'Whether Scott Pead should be adjourned under s 11 of the Crimes (Sentencing Procedure) Act to demonstrate rehabilitation.' 'How self-induced intoxication, rehabilitation prospects, parity, youth, criminal history, and guilty pleas should affect sentence.']

Ratio Decidendi

Thomas Pead's offending was objectively too serious for a s 9 bond because he forced entry into closed premises and damaged property inside, and the offence ordinarily warranted imprisonment, but given the available sentence length and his circumstances an alternative to full-time custody should be considered by referral for intensive corrections order assessment. Scott Pead's youth, early plea, anxiety and alcohol problems, lesser role and need to demonstrate rehabilitation justified adjourning his sentencing under s 11 of the Crimes (Sentencing Procedure) Act with bail conditions.

Court Disposition

Thomas Pead was referred for assessment as to his suitability to serve a sentence of imprisonment by means of an intensive corrections order. Scott Pead's matter was adjourned under s 11 of the Crimes (Sentencing Procedure) Act.

Orders

  • ['Thomas Pead is referred for assessment as to his suitability to serve that sentence of imprisonment by means of an intensive corrections order.' 'The matter of Scott Pead is adjourned under s 11 of the Crimes (Sentencing Procedure) Act.' 'The matter of Scott Pead is listed for 18 December at 10am.' 'Scott Pead is...