R v Lin [2021] NSWDC 70

R v Lin [2021] NSWDC 70

Given the offender's youth, lack of prior record, genuine remorse, prospects of rehabilitation, time already spent in custody and rehabilitation, and objective seriousness of the offences, the appropriate sentence is an aggregate of two years and four months, to be served by way of Intensive Correction Order rather than full-time imprisonment.

Jurisdiction
Australia
Judgment Date
04 February 2021
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of two years and four months imposed, to be served by way of Intensive Correction Order.
Legal Topics
['armed Robbery' 'prohibited Weapon Possession' 'goods in Custody' 'sentencing' 'intensive Correction Order']
['criminal Law'] ['armed Robbery' 'prohibited Weapon Possession' 'goods in Custody' 'sentencing' 'intensive Correction Order']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for attempted armed robbery while armed with offensive weapon' 'Appropriate sentence for possession of a prohibited weapon (flick knife)' 'Consideration of subjective and objective seriousness in sentencing']

Ratio Decidendi

Given the offender's youth, lack of prior record, genuine remorse, prospects of rehabilitation, time already spent in custody and rehabilitation, and objective seriousness of the offences, the appropriate sentence is an aggregate of two years and four months, to be served by way of Intensive Correction Order rather than full-time imprisonment.

Court Disposition

Aggregate sentence of two years and four months imposed, to be served by way of Intensive Correction Order.

Orders

  • ['The offender is convicted of the offences to which he pleaded guilty.' 'Impose an aggregate sentence of 2 years and 4 months, served by way of Intensive Correction Order. Sentence expires 3 June 2023.' 'Standard conditions: must not commit any further criminal offence; must submit to supervision by a community...