R v Sherrell [2019] NSWDC 261

R v Sherrell [2019] NSWDC 261

Although the offence was serious because a suburban home was invaded by three strangers and a weapon was produced, Sherrell's role was minimal, the Crown accepted he may have been attempting to defuse the situation, his plea of guilty carried utilitarian value, he had served two months on remand, and his rehabilitation and suitability for community service supported serving the custodial term by intensive correction order rather than full-time imprisonment.

Jurisdiction
Australia
Judgment Date
17 May 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment for 1 year and 10 months to be served by way of intensive correction order in the community.
Legal Topics
['break and Enter With Intent' 'aggravated Home Invasion' 'intensive Correction Order' 'community Service' 'parity' 'standard Non Parole Period' 'guilty Plea Discount' 'rehabilitation']
['criminal Law' 'sentencing'] ['break and Enter With Intent' 'aggravated Home Invasion' 'intensive Correction Order' 'community Service' 'parity' 'standard Non Parole Period' 'guilty Plea Discount' 'rehabilitation']

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Assessment of the objective seriousness of the aggravated break and enter offence involving entry into a suburban home by three strangers, one armed with a machete.' "Whether Sherrell's limited role, Crown concessions, guilty plea, time on remand and rehabilitation justified leniency." 'Whether a custodial sentence should be served by way of intensive correction order in the community.']

Ratio Decidendi

Although the offence was serious because a suburban home was invaded by three strangers and a weapon was produced, Sherrell's role was minimal, the Crown accepted he may have been attempting to defuse the situation, his plea of guilty carried utilitarian value, he had served two months on remand, and his rehabilitation and suitability for community service supported serving the custodial term by intensive correction order rather than full-time imprisonment.

Court Disposition

Convicted and sentenced to imprisonment for 1 year and 10 months to be served by way of intensive correction order in the community.

Orders

  • ['The offender is convicted.' 'There will be a sentence of one year and ten months from 17 May 2019.' 'That sentence is to be served by intensive correction in the community.' 'In addition to the standard conditions, the offender must obey all directions of Probation and Parole and participate in drug rehabilitation...