R v Jacimoski [2022] NSWDC 550

R v Jacimoski [2022] NSWDC 550

Although imprisonment was the only appropriate penalty for the serious offending, the sentence was 2 years or less and the offender's very low risk of reoffending, demonstrated rehabilitation, long bail compliance, treatment, family responsibilities, employment prospects and lack of prior violence meant that community safety and the long-term reduction of reoffending were best promoted by supervised liberty under an Intensive Correction Order rather than full-time custody.

Jurisdiction
Australia
Judgment Date
11 November 2022
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to 16 months imprisonment to be served by an Intensive Correction Order for a period of 15 months after allowance for 47 days already spent in full-time custody.
Legal Topics
['intensive Correction Orders' 'firearms Offences' 'unauthorised Use/possession of Firearm' 'offensive Weapon in Company With Intent to Commit Intimidation']
['criminal Law' 'sentencing'] ['intensive Correction Orders' 'firearms Offences' 'unauthorised Use/possession of Firearm' 'offensive Weapon in Company With Intent to Commit Intimidation']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether the offender should be sentenced to full-time imprisonment or whether the sentence of imprisonment should be served by an Intensive Correction Order.' 'Assessment of objective seriousness, subjective circumstances, rehabilitation, community safety, parity and delay in fixing sentence.']

Ratio Decidendi

Although imprisonment was the only appropriate penalty for the serious offending, the sentence was 2 years or less and the offender's very low risk of reoffending, demonstrated rehabilitation, long bail compliance, treatment, family responsibilities, employment prospects and lack of prior violence meant that community safety and the long-term reduction of reoffending were best promoted by supervised liberty under an Intensive Correction Order rather than full-time custody.

Court Disposition

The offender was convicted and sentenced to 16 months imprisonment to be served by an Intensive Correction Order for a period of 15 months after allowance for 47 days already spent in full-time custody.

Orders

  • ['The offender is convicted of using an offensive weapon in company with intent to commit intimidation.' 'The offender is sentenced to 16 months imprisonment to be served by an Intensive Correction Order.' 'Given the 47 days already spent in full time custody, the Intensive Correction Order is for a period of 15...