R v Cadby [2023] NSWDC 214

R v Cadby [2023] NSWDC 214

Although the offences were serious and the s 5(1) threshold for imprisonment was crossed, their objective seriousness was substantially below the mid-range and the offender's age, frail health, lack of criminal history, early guilty plea, remorse, reduced moral culpability, low risk of reoffending, good prospects of rehabilitation and exceptional medical hardship justified a lenient aggregate sentence of 7 months' imprisonment to be served by way of an Intensive Correction Order.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas in the Local Court
Outcome
Offender convicted and sentenced to 7 months' imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['drug Supply' 'drug Possession' 'unauthorised Pistol Possession' 'ammunition Possession' 'intensive Correction Order' 'form 1 Matters']
['criminal Law' 'sentencing'] ['drug Supply' 'drug Possession' 'unauthorised Pistol Possession' 'ammunition Possession' 'intensive Correction Order' 'form 1 Matters']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's drug and firearms offences, taking into account the Form 1 matters." 'Whether the offences required a sentence of imprisonment under s 5(1) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether any term of imprisonment should be served by way of an Intensive Correction Order under s 66 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Although the offences were serious and the s 5(1) threshold for imprisonment was crossed, their objective seriousness was substantially below the mid-range and the offender's age, frail health, lack of criminal history, early guilty plea, remorse, reduced moral culpability, low risk of reoffending, good prospects of rehabilitation and exceptional medical hardship justified a lenient aggregate sentence of 7 months' imprisonment to be served by way of an Intensive Correction Order.

Court Disposition

Offender convicted and sentenced to 7 months' imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['Randall Cadby is convicted of the offences to which he pleaded guilty, with the Form 1 matters taken into account.' 'Taking into account the 25% discount for the plea of guilty and the Form 1 matters, a term of imprisonment of 7 months is imposed.' 'The sentence is to be served by way of an Intensive Correction...