R v Lodge [2017] NSWDC 319

R v Lodge [2017] NSWDC 319

Although the offending was very serious and would have warranted immediate imprisonment, the Court adjourned the matter under s 11 of the Crimes (Sentencing Procedure) Act to give the offender an opportunity to prove rehabilitation, with strict bail conditions including supervision and regular urinalysis before the resumed sentence proceedings.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Criminal Sentence / Adjourned Under S 11 of the Crimes (sentencing Procedure) Act
Outcome
Matter adjourned part heard under s 11 of the Crimes (Sentencing Procedure) Act to 6 July 2018 in Sydney.
Legal Topics
['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'offending in Company' 'domestic Violence Flavour' 'guilty Plea Discount' 'standard Non Parole Period' 'bail Conditions' 'pre Sentence Report']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'offending in Company' 'domestic Violence Flavour' 'guilty Plea Discount' 'standard Non Parole Period' 'bail Conditions' 'pre Sentence Report']

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Procedural Posture

Criminal Sentence / Adjourned Under S 11 of the Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['Whether the offender should be sentenced immediately to full-time custody or the matter should be adjourned under s 11 of the Crimes (Sentencing Procedure) Act.' 'The objective seriousness of aggravated break, enter and commit a serious indictable offence involving assault occasioning actual bodily harm, committed in a home, in company, and in the presence of a three-year-old child.' "The relevance of the offender's early guilty plea, prior criminal history, asserted rehabilitation, alcohol and drug use, and prospects of reform."]

Ratio Decidendi

Although the offending was very serious and would have warranted immediate imprisonment, the Court adjourned the matter under s 11 of the Crimes (Sentencing Procedure) Act to give the offender an opportunity to prove rehabilitation, with strict bail conditions including supervision and regular urinalysis before the resumed sentence proceedings.

Court Disposition

Matter adjourned part heard under s 11 of the Crimes (Sentencing Procedure) Act to 6 July 2018 in Sydney.

Orders

  • ['The matter is listed on 6 July 2018.' 'In addition to current bail conditions, the offender is to use no illegal drugs whatsoever.' 'The offender is to be supervised by the Probation and Parole Service.' 'A pre-sentence report is ordered for the next occasion.' 'The offender is to undergo regular urinalysis.' 'If...