R v Bradley Alan Smith [2018] NSWDC 18

R v Bradley Alan Smith [2018] NSWDC 18

The offender, aged 18 at the time and suffering from borderline intellectual disability, conspired with a co-offender to burn down property to conceal evidence of a break and enter. The offending was serious but in the mid-range of objective seriousness. Given his youth, personal circumstances, remorse, early guilty plea, and compliance with bail, together with the importance of parity with the co-offender being sentenced as a juvenile, a sentence of 21 months is proportionate. General deterrence and specific deterrence are given reduced weight.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and 21 months imprisonment; assessment for Intensive Correction Order
Legal Topics
['arson' 'intentionally Destroying Property by Fire' 'sentencing' 'aggravating and Mitigating Factors' 'objective Seriousness' 'parity Principle' 'youthful Offender' 'intellectual Disability and Sentencing']
['criminal Law'] ['arson' 'intentionally Destroying Property by Fire' 'sentencing' 'aggravating and Mitigating Factors' 'objective Seriousness' 'parity Principle' 'youthful Offender' 'intellectual Disability and Sentencing']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of intentionally destroying property by fire in company?' "To what extent do the offender's youth and borderline intellectual disability mitigate the penalty?" "Does parity with a co-offender being sentenced in the Children's Court affect sentencing discretion?" "Are general and specific deterrence diminished in weight given the offender's personal circumstances?"]

Ratio Decidendi

The offender, aged 18 at the time and suffering from borderline intellectual disability, conspired with a co-offender to burn down property to conceal evidence of a break and enter. The offending was serious but in the mid-range of objective seriousness. Given his youth, personal circumstances, remorse, early guilty plea, and compliance with bail, together with the importance of parity with the co-offender being sentenced as a juvenile, a sentence of 21 months is proportionate. General deterrence and specific deterrence are given reduced weight.

Court Disposition

Conviction and 21 months imprisonment; assessment for Intensive Correction Order

Orders

  • ['Offender convicted of destroying property by fire in company pursuant to s 195(1A)(b) Crimes Act 1900.' 'Sentenced to 21 months imprisonment.' 'Assessment ordered for suitability to serve sentence as Intensive Correction Order under s 7 Crimes (Sentencing Procedure) Act.' 'Form 1 taken into account in sentencing.'...