R v Tan (No.4) [2023] NSWDC 405

R v Tan (No.4) [2023] NSWDC 405

The Court confirmed the foreshadowed community correction order and added conditions because the sentencing assessment report considered a community service condition appropriate, and the psychologist's view that further risk assessment would be helpful supported requiring psychology assessment and treatment despite the offender's submission that no further penalty should be imposed.

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Criminal Sentencing / Sentencing After Adjournment for a Sentencing Assessment Report on Community Service Condition for a Community Correction Order
Outcome
Offender convicted and sentenced to a community correction order commencing 29 September 2023 and expiring on 28 July 2024 with standard and additional conditions.
Legal Topics
['community Correction Order' 'community Service Work Condition' 'sentencing Assessment Report' 'psychology Assessment and Treatment' 'threatening to Distribute an Intimate Image Without Consent']
['criminal Law' 'sentencing'] ['community Correction Order' 'community Service Work Condition' 'sentencing Assessment Report' 'psychology Assessment and Treatment' 'threatening to Distribute an Intimate Image Without Consent']

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Procedural Posture

Criminal Sentencing / Sentencing After Adjournment for a Sentencing Assessment Report on Community Service Condition for a Community Correction Order

Legal Issues

  1. 1 ['Whether a community service work condition was appropriate as an additional condition of the foreshadowed community correction order.' 'Whether the Court should reconsider the earlier foreshadowed sentencing option and impose no further penalty.' 'Whether the offender should be required to comply with a CNSW Psychology assessment and recommended treatment.']

Ratio Decidendi

The Court confirmed the foreshadowed community correction order and added conditions because the sentencing assessment report considered a community service condition appropriate, and the psychologist's view that further risk assessment would be helpful supported requiring psychology assessment and treatment despite the offender's submission that no further penalty should be imposed.

Court Disposition

Offender convicted and sentenced to a community correction order commencing 29 September 2023 and expiring on 28 July 2024 with standard and additional conditions.

Orders

  • ['The offender is convicted of the offence of threatening to distribute an intimate image without consent.' 'The offender is sentenced to a community correction order commencing 29 September 2023 and expiring on 28 July 2024.' 'The community correction order is subject to the standard conditions that the offender...