R v Coombes [2019] NSWDC 295

R v Coombes [2019] NSWDC 295

The offences were assessed as being at the low end of objective seriousness, the offender pleaded guilty early and received a 25% discount, showed genuine remorse, had been drug free after a brief period in custody, was assessed as medium low risk of re-offending and had good prospects of rehabilitation. In those circumstances, community safety and punishment were best achieved by conviction and a 12 month Community Correction Order with supervision, rehabilitation, abstinence and community service conditions rather than imprisonment.

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Offender convicted and placed on a Community Correction Order for 12 months.
Legal Topics
['aggravated Enter Dwelling With Intent to Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'community Correction Order' 'plea of Guilty' 'rehabilitation' 'community Safety']
['criminal Law' 'sentencing'] ['aggravated Enter Dwelling With Intent to Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'community Correction Order' 'plea of Guilty' 'rehabilitation' 'community Safety']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated enter dwelling with intent to commit serious indictable offence and assault occasioning actual bodily harm.' "Whether the objective seriousness of the offences and the offender's subjective circumstances warranted a community-based sentence." 'Whether community safety would be protected by a Community Correction Order with supervision, treatment and community service conditions.']

Ratio Decidendi

The offences were assessed as being at the low end of objective seriousness, the offender pleaded guilty early and received a 25% discount, showed genuine remorse, had been drug free after a brief period in custody, was assessed as medium low risk of re-offending and had good prospects of rehabilitation. In those circumstances, community safety and punishment were best achieved by conviction and a 12 month Community Correction Order with supervision, rehabilitation, abstinence and community service conditions rather than imprisonment.

Court Disposition

Offender convicted and placed on a Community Correction Order for 12 months.

Orders

  • ['You are convicted.' 'You are placed on a community correction order for 12 months.' 'The offender must not commit any offence.' 'The offender must appear before court if called upon.' 'The offender must submit to supervision by a Community Correction officer.' 'The offender is to participate in a rehabilitation...