R v Strbac (No 2) [2015] NSWDC 270

R v Strbac (No 2) [2015] NSWDC 270

Because the Court had previously determined that a 22 month sentence was appropriate and had received a Community Corrections report assessing Mr Strbac as suitable for an Intensive Correction Order, the sentence was imposed as imprisonment to be served by way of intensive correction in the community.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Criminal Sentencing / Sentence Following Assessment for Intensive Correction Order Suitability
Outcome
Sentenced to 22 months imprisonment, to be served by way of Intensive Correction Order.
Legal Topics
['cultivate Commercial Quantity of Prohibited Plant' 'intensive Correction Order' 'using Electricity Without Authority Taken Into Account on Form 1']
['criminal Law' 'sentencing'] ['cultivate Commercial Quantity of Prohibited Plant' 'intensive Correction Order' 'using Electricity Without Authority Taken Into Account on Form 1']

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Procedural Posture

Criminal Sentencing / Sentence Following Assessment for Intensive Correction Order Suitability

Legal Issues

  1. 1 ['Whether the offender should serve the 22 month sentence of imprisonment by way of Intensive Correction Order.' 'Whether the offence of using electricity without authority should be taken into account when imposing sentence.']

Ratio Decidendi

Because the Court had previously determined that a 22 month sentence was appropriate and had received a Community Corrections report assessing Mr Strbac as suitable for an Intensive Correction Order, the sentence was imposed as imprisonment to be served by way of intensive correction in the community.

Court Disposition

Sentenced to 22 months imprisonment, to be served by way of Intensive Correction Order.

Orders

  • ['Stevan Strbac is sentenced to 22 months imprisonment.' 'Under s 7 of the Crimes (Sentencing Procedure) Act 1999, an Intensive Correction Order is made directing that the sentence be served by way of intensive correction in the community.' 'The sentence commences on 23 October 2015.' 'The intensive correction order...