R v McDowell [2019] NSWDC 441

R v McDowell [2019] NSWDC 441

A 12 month conditional release order without supervision was appropriate because the offence was at the bottom of the range for s 114(1)(d), the offender's culpability was greatly reduced by Major Depression with Anxiety, the offending was one-off and out of character, the offender had recovered and rehabilitated, the risk of reoffending was low, the victim did not require protection from him, and imprisonment, supervision and community service were not necessary.

Jurisdiction
Australia
Judgment Date
25 October 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
The offender was convicted and released on a conditional release order for 12 months, with the Form 1 matter taken into account.
Legal Topics
['entering a Building With Intent to Commit an Indictable Offence' 'intimidation' 'domestic Violence Offence' 'conditional Release Order' 'form 1 Matter' 'mental Illness and Culpability']
['criminal Law' 'sentencing'] ['entering a Building With Intent to Commit an Indictable Offence' 'intimidation' 'domestic Violence Offence' 'conditional Release Order' 'form 1 Matter' 'mental Illness and Culpability']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for entering a building with intent to commit the indictable offence of intimidation, with an intimidation offence taken into account on a Form 1.' "Whether the offender's Major Depression with Anxiety reduced his culpability for the offence." 'Whether imprisonment, supervision, community service, or an unsupervised conditional release order was appropriate in the circumstances.' 'Whether protection of the victim or community required a more restrictive sentence.']

Ratio Decidendi

A 12 month conditional release order without supervision was appropriate because the offence was at the bottom of the range for s 114(1)(d), the offender's culpability was greatly reduced by Major Depression with Anxiety, the offending was one-off and out of character, the offender had recovered and rehabilitated, the risk of reoffending was low, the victim did not require protection from him, and imprisonment, supervision and community service were not necessary.

Court Disposition

The offender was convicted and released on a conditional release order for 12 months, with the Form 1 matter taken into account.

Orders

  • ['Samuel Andrew McDowell was convicted of entering a building at 184 Pittwater Road, Manly with intent to commit the indictable offence of intimidation in that building.' 'The offender was released on a conditional release order for a period of 12 months from 25 October 2019.' 'Condition 1: the offender is not to...