R v NICHOLS, William Ronald [2016] NSWDC 389

R v NICHOLS, William Ronald [2016] NSWDC 389

The offender received a combined 45% discount (20% for plea, 25% for cooperation) on the assessed starting point of three and a half years imprisonment, reflecting exceptional cooperation and remorse, lack of planning, provocation, and no prior convictions; the resulting sentence is less than two years imprisonment, to be served via an Intensive Correction Order (if assessed as suitable), and not by full-time custody unless unsuitable or ineligible for the order.

Jurisdiction
Australia
Judgment Date
01 April 2016
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment not exceeding two years; suitability for Intensive Correction Order to be assessed; bail continued with conditions.
Legal Topics
['detain for Advantage' 'sentencing' 'discount for Cooperation' 'role of Co Accused' 'degree of Planning' 'relevance of Motive' 'provocation' 'general Deterrence' 'no Prior Offending' 'protective Custody' 'rehabilitation' 'comparative Sentencing']
['criminal Law'] ['detain for Advantage' 'sentencing' 'discount for Cooperation' 'role of Co Accused' 'degree of Planning' 'relevance of Motive' 'provocation' 'general Deterrence' 'no Prior Offending' 'protective Custody' 'rehabilitation' 'comparative Sentencing']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for detaining for advantage contrary to s 86(3) Crimes Act 1900 (NSW)' 'Assessment of discounts for plea of guilty and cooperation' 'Degree of planning and motive relevance' "Extent of offender's responsibility for co-accused's actions" 'Application of general deterrence versus rehabilitation']

Ratio Decidendi

The offender received a combined 45% discount (20% for plea, 25% for cooperation) on the assessed starting point of three and a half years imprisonment, reflecting exceptional cooperation and remorse, lack of planning, provocation, and no prior convictions; the resulting sentence is less than two years imprisonment, to be served via an Intensive Correction Order (if assessed as suitable), and not by full-time custody unless unsuitable or ineligible for the order.

Court Disposition

Convicted and sentenced to imprisonment not exceeding two years; suitability for Intensive Correction Order to be assessed; bail continued with conditions.

Orders

  • ['Convicted and sentenced to imprisonment for a period of no more than two years.' 'Referred for assessment as to suitability for Intensive Correction Order as a means of serving the sentence.' 'Bail continued; offender to report to Community Corrections Service at Port Macquarie within seven days of the orders and...