R v Gardiner [2016] NSWDC 402

R v Gardiner [2016] NSWDC 402

Although the aggravated house-entry offence was serious because a person was present in the home and the offender was on a s 9 bond, the offender's early guilty plea, youth, remorse, time in custody referrable to the offence and evidence of change led the Court to conclude that a sentence of two years or less would be imposed and that assessment for an Intensive Corrections Order was appropriate.

Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Criminal Sentencing / Sentence Proceedings After Guilty Plea; Referral for Intensive Corrections Order Suitability Assessment
Outcome
The offender was referred for assessment as to suitability to serve his sentence by means of an Intensive Corrections Order; the matter was adjourned and bail was granted pending assessment.
Legal Topics
['enter Dwelling House With Intent to Commit Larceny in Circumstances of Aggravation' 'form 1 Offences' 'guilty Plea Discount' 'intensive Corrections Order Assessment' 'bail Pending Assessment' 'offending While on S 9 Bond']
['criminal Law' 'sentencing'] ['enter Dwelling House With Intent to Commit Larceny in Circumstances of Aggravation' 'form 1 Offences' 'guilty Plea Discount' 'intensive Corrections Order Assessment' 'bail Pending Assessment' 'offending While on S 9 Bond']

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Procedural Posture

Criminal Sentencing / Sentence Proceedings After Guilty Plea; Referral for Intensive Corrections Order Suitability Assessment

Legal Issues

  1. 1 ['What sentence should be imposed for entering a dwelling house with intent to commit larceny in circumstances of aggravation where a person was in the house at the time.' "What weight should be given to the offender's early guilty plea, remorse, youth, drug use, prior offending and the fact that he was on a s 9 bond at the time of offending." 'Whether the offender should be assessed for suitability to serve his sentence by means of an Intensive Corrections Order.' 'Whether bail should be granted pending the Intensive Corrections Order assessment.']

Ratio Decidendi

Although the aggravated house-entry offence was serious because a person was present in the home and the offender was on a s 9 bond, the offender's early guilty plea, youth, remorse, time in custody referrable to the offence and evidence of change led the Court to conclude that a sentence of two years or less would be imposed and that assessment for an Intensive Corrections Order was appropriate.

Court Disposition

The offender was referred for assessment as to suitability to serve his sentence by means of an Intensive Corrections Order; the matter was adjourned and bail was granted pending assessment.

Orders

  • ['The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.' 'The matter is listed on 3 March 2017.' 'Bail is granted to the offender.' 'The offender is not to use any illegal drugs.' 'The offender is to live with his mother and stepfather at 105...