R v WILLIAMS [2011] NSWDC 118

R v WILLIAMS [2011] NSWDC 118

A custodial sentence is required due to the seriousness and impact of the offending, but an Intensive Correction Order is appropriate if the offender is found suitable after assessment.

Parties
Prosecutor: The Crown; Offender: Elliott Thomas Williams
Jurisdiction
Australia
Judgment Date
21 July 2011
Procedural Posture
Criminal / Sentence
Outcome
Referred for assessment as to suitability for Intensive Correction Order
Legal Topics
Aggravated Break Enter and Steal, Form 1 Offences, Intensive Correction Order, Sentencing
Criminal Law Aggravated Break Enter and Steal Form 1 Offences Intensive Correction Order Sentencing

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Parties

The Crown

Prosecutor

Elliott Thomas Williams

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for aggravated break enter and steal in company
  2. 2 Consideration of Form 1 offences in sentencing
  3. 3 Suitability for Intensive Correction Order

Ratio Decidendi

A custodial sentence is required due to the seriousness and impact of the offending, but an Intensive Correction Order is appropriate if the offender is found suitable after assessment.

Court Disposition

Referred for assessment as to suitability for Intensive Correction Order

Orders

  • Offender is convicted.
  • Offender is referred for assessment for Intensive Correction Order as a means of serving his sentence.