R v Frederickson-Angell [2021] NSWDC 22
Given the offender's youth, deprived background, low to moderate risk of reoffending, remorse, and excellent prospects of rehabilitation, an aggregate sentence of three years imprisonment is appropriate but ought to be served by way of an Intensive Correction Order with supervision and drug/alcohol rehabilitation conditions, as this better serves community safety and rehabilitation than full-time custody for this type of offender and offending.
- Jurisdiction
- Australia
- Judgment Date
- 12 February 2021
- Procedural Posture
- Criminal / Sentence
- Outcome
- Aggregate sentence of three years imprisonment to be served by Intensive Correction Order commencing 12 February 2021.
- Legal Topics
- ['drug Offences' 'weapons Offences' 'sentencing' 'possession of Proceeds of Crime' 'intensive Correction Order' 'aggregate Sentence']
Case Brief
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Procedural Posture
Criminal / Sentence
Legal Issues
- 1 ['Appropriate sentencing for multiple drug supply and possession offences' 'Possession of prohibited weapons and firearms' 'Whether aggregate custodial sentence should be served by Intensive Correction Order' "Relevance of offender's youth and deprived background to sentencing" 'Objective seriousness of offences and moral culpability']
Ratio Decidendi
Given the offender's youth, deprived background, low to moderate risk of reoffending, remorse, and excellent prospects of rehabilitation, an aggregate sentence of three years imprisonment is appropriate but ought to be served by way of an Intensive Correction Order with supervision and drug/alcohol rehabilitation conditions, as this better serves community safety and rehabilitation than full-time custody for this type of offender and offending.
Court Disposition
Aggregate sentence of three years imprisonment to be served by Intensive Correction Order commencing 12 February 2021.
Orders
- ['Convictions entered for Sequences 1, 2, 3, 7 and 11; aggregate sentence 3 years imprisonment served by Intensive Correction Order under s 7 CSPA with conditions of supervision and participation in rehabilitation.' 'Convictions for Sequences 5, 9, 10, 12, and 13 with no further penalty imposed under s 10A CSPA.'...
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