R v Jason Wayne NICHOLAS [2006] NSWDC 149

R v Jason Wayne NICHOLAS [2006] NSWDC 149

The offender's application for a s 11 remand was granted because the offences were committed while he was suffering significant mental illness, there was evidence that the illness substantially impaired his perception, judgment and self-control, he had made substantial progress with medication compliance and abstinence, and he was suitable to enter the assessment phase of a residential rehabilitation programme, making further assessment of his rehabilitation prospects appropriate.

Jurisdiction
Australia
Judgment Date
21 April 2006
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas; Application for Remand Under S 11 Crimes (sentencing Procedure) Act
Outcome
Matter adjourned and offender remanded under s 11 of the Crimes (Sentencing Procedure) Act for assessment of rehabilitation prospects; bail granted on conditions.
Legal Topics
['aggravated Break, Enter and Steal' 'break, Enter and Steal' 'section 11 Remand' 'rehabilitation' 'mental Illness' 'bail']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'break, Enter and Steal' 'section 11 Remand' 'rehabilitation' 'mental Illness' 'bail']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas; Application for Remand Under S 11 Crimes (sentencing Procedure) Act

Legal Issues

  1. 1 ['Whether the offender should be dealt with by way of a remand under s 11 of the Crimes (Sentencing Procedure) Act.' "Whether the offender's prospects of rehabilitation, mental illness and suitability for residential rehabilitation justified adjourning sentence and granting conditional bail."]

Ratio Decidendi

The offender's application for a s 11 remand was granted because the offences were committed while he was suffering significant mental illness, there was evidence that the illness substantially impaired his perception, judgment and self-control, he had made substantial progress with medication compliance and abstinence, and he was suitable to enter the assessment phase of a residential rehabilitation programme, making further assessment of his rehabilitation prospects appropriate.

Court Disposition

Matter adjourned and offender remanded under s 11 of the Crimes (Sentencing Procedure) Act for assessment of rehabilitation prospects; bail granted on conditions.

Orders

  • ["The matter was adjourned to 23 February 2007 for the purposes of assessing Mr Nicholas' capacity and prospects for rehabilitation." 'Bail was granted on terms that Mr Nicholas not be released from custody until written confirmation of a bed at the Salvation Army Lake Macquarie Recovery Services Centre programme...