R v HAZELL [2012] NSWDC 34

R v HAZELL [2012] NSWDC 34

Although the offender's armed robbery and common assault were serious and required a sentence of imprisonment, his early plea, remorse, pre-sentence custody, quasi custody, completion of rehabilitation, negative drug and alcohol tests, employment and ongoing support showed strong rehabilitation prospects. Taking those matters into account, the sentence if dated from the day of judgment would not be more than two years, making it appropriate to refer him for assessment of suitability to serve the sentence by way of an Intensive Corrections Order rather than immediately return him to full-time custody.

Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Criminal Sentencing / Sentence; Suitability Assessment for Intensive Corrections Order Ordered
Outcome
The offender was referred for assessment of suitability to serve his sentence by way of an Intensive Corrections Order and the matter was adjourned.
Legal Topics
['armed Robbery' 'common Assault' 'intensive Corrections Order' 'rehabilitation' 'guideline Judgments' 'pre Sentence Custody']
['criminal Law' 'sentencing'] ['armed Robbery' 'common Assault' 'intensive Corrections Order' 'rehabilitation' 'guideline Judgments' 'pre Sentence Custody']

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Procedural Posture

Criminal Sentencing / Sentence; Suitability Assessment for Intensive Corrections Order Ordered

Legal Issues

  1. 1 ['Whether the offender should be sentenced to further full-time custody for armed robbery and common assault or referred for assessment for an Intensive Corrections Order.' "What weight should be given to the offender's rehabilitation, early guilty plea, pre-sentence custody and quasi custody in sentencing."]

Ratio Decidendi

Although the offender's armed robbery and common assault were serious and required a sentence of imprisonment, his early plea, remorse, pre-sentence custody, quasi custody, completion of rehabilitation, negative drug and alcohol tests, employment and ongoing support showed strong rehabilitation prospects. Taking those matters into account, the sentence if dated from the day of judgment would not be more than two years, making it appropriate to refer him for assessment of suitability to serve the sentence by way of an Intensive Corrections Order rather than immediately return him to full-time custody.

Court Disposition

The offender was referred for assessment of suitability to serve his sentence by way of an Intensive Corrections Order and the matter was adjourned.

Orders

  • ['The offender is referred to assess his suitability to serve his sentence by way of an Intensive Corrections Order.' 'The matter is adjourned.']